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The liability of sureties in terms of section 154 of the Companies Act 71 of 2008
Dissertation (LLM (Corporate Law))--University of Pretoria, 2022.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613519320449024 |
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| access_status_str | Open Access |
| author2 | Swart, Christiaan |
| author_browse | Swart, Christiaan |
| author_facet | Swart, Christiaan |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Corporate Law))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/91646 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:26.341Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/91646 The liability of sureties in terms of section 154 of the Companies Act 71 of 2008 Swart, Christiaan u20806142@tuks.ac.za Ndlovu, Letty UCTD Section 154 Sureties Business rescue Principal debtor Compromise Dissertation (LLM (Corporate Law))--University of Pretoria, 2022. The focus of the research is on section 154 of the Companies Act 71 of 2008. The legal effect of section 154 upon the approval and implementation of a business rescue plan related to the liability of sureties is of significant practical importance. The provisions in this section are not drafted with enough clarity to enable creditors and debtors involved in business rescue proceedings to determine the liability of the sureties of a company in business rescue. Statutory provisions preventing creditors from recovering debts owed to them, from either the debtor or surety, might lead to reluctance on the part of creditors to provide funding to companies. The lack of clarity might lead to further and/or continued litigation in the courts, where creditors claim recovery of debts from sureties in terms of suretyship agreements. This research critically considers the liability of sureties considering various courts decisions concerning section 154. Mercantile Law LLM (Corporate Law) Unrestricted 2023-07-27T10:00:16Z 2023-07-27T10:00:16Z 2023-09-01 2022 Dissertation * S2023 http://hdl.handle.net/2263/91646 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Section 154 Sureties Business rescue Principal debtor Compromise The liability of sureties in terms of section 154 of the Companies Act 71 of 2008 |
| title | The liability of sureties in terms of section 154 of the Companies Act 71 of 2008 |
| title_full | The liability of sureties in terms of section 154 of the Companies Act 71 of 2008 |
| title_fullStr | The liability of sureties in terms of section 154 of the Companies Act 71 of 2008 |
| title_full_unstemmed | The liability of sureties in terms of section 154 of the Companies Act 71 of 2008 |
| title_short | The liability of sureties in terms of section 154 of the Companies Act 71 of 2008 |
| title_sort | liability of sureties in terms of section 154 of the companies act 71 of 2008 |
| topic | UCTD Section 154 Sureties Business rescue Principal debtor Compromise |
| url | http://hdl.handle.net/2263/91646 |