Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
A comparative appraisal of debt relief measures for no income no assets (NINA) debtors in Nigeria
Thesis (LLD)--University of Pretoria, 2019.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2023
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613562762952704 |
|---|---|
| access_status_str | Open Access |
| author2 | Coetzee, Hermie |
| author_browse | Coetzee, Hermie |
| author_facet | Coetzee, Hermie |
| collection | Thesis |
| dc_rights_str_mv | © 2021 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 | Thesis (LLD)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/92927 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:07.678Z |
| 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:2263/92927 A comparative appraisal of debt relief measures for no income no assets (NINA) debtors in Nigeria Coetzee, Hermie tobiosunlaja@yahoo.com Roestoff, Melanie Osunlaja, Tobi Titilayo UCTD Insolvency system No Income No Assets (NINA) Debt relief measures Laws and enforcement policies Thesis (LLD)--University of Pretoria, 2019. Nigeria currently has a non-functioning insolvency system; it is yet to record a successful insolvency case. This failure principally is attributable to the weak laws and enforcement policies in existence. The problem is exacerbated by burgeoning consumer debt in the formal sector. The causal factors for this increase in debt are negative economic growth indices such as rising inflation, interest rates and unemployment. With these indices predicted to worsen, a new Bankruptcy and Insolvency Act (BIA) was proposed in 2016. The BIA seeks to regulate individual insolvency proceedings in Nigeria. However, the BIA (as currently conceptualized) does not make provision for debtors with neither income nor assets, often referred to as No Income No Assets (NINA) debtors who, it can be argued, are in the majority in the Nigerian state. The aim in this thesis is to propose debt relief measures that cater for NINA debtors in Nigeria. This proposal aims to prevent further discrimination against these debtors in terms of the current law and the proposed BIA. It envisages that catering for NINA debtors in Nigeria will boost the Nigerian government’s drive to encourage entrepreneurship. In providing for NINA debtors it will provide a safe landing for poor debtors in the event of entrepreneurial failure. The thesis achieves its stated aim by studying international principles and guidelines as espoused by leading bodies. Furthermore, the thesis performs a comparative analysis of relevant NINA provisions in South Africa, Sweden, France, Ireland and Canada. The thesis proposes amendments to the proposed BIA in light of the aforementioned analysis and posits that procedures that are formal and extra-judicial, which have no financial requirements and are easily accessible to debtors should be incorporated. Mercantile Law LLD Unrestricted 2023-10-17T09:55:31Z 2023-10-17T09:55:31Z 2020-04 2019-10 Thesis * A2020 http://hdl.handle.net/2263/92927 en © 2021 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 Insolvency system No Income No Assets (NINA) Debt relief measures Laws and enforcement policies A comparative appraisal of debt relief measures for no income no assets (NINA) debtors in Nigeria |
| title | A comparative appraisal of debt relief measures for no income no assets (NINA) debtors in Nigeria |
| title_full | A comparative appraisal of debt relief measures for no income no assets (NINA) debtors in Nigeria |
| title_fullStr | A comparative appraisal of debt relief measures for no income no assets (NINA) debtors in Nigeria |
| title_full_unstemmed | A comparative appraisal of debt relief measures for no income no assets (NINA) debtors in Nigeria |
| title_short | A comparative appraisal of debt relief measures for no income no assets (NINA) debtors in Nigeria |
| title_sort | comparative appraisal of debt relief measures for no income no assets nina debtors in nigeria |
| topic | UCTD Insolvency system No Income No Assets (NINA) Debt relief measures Laws and enforcement policies |
| url | http://hdl.handle.net/2263/92927 |