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The viability of reduced oversight by the Master of the High Court in insolvency proceedings
Dissertation (LLM (Research))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613521955520512 |
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| access_status_str | Open Access |
| author2 | Van Wyk, Jani Sani |
| author_browse | Van Wyk, Jani Sani |
| author_facet | Van Wyk, Jani Sani |
| 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 (Research))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/94779 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:28.861Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:2263/94779 The viability of reduced oversight by the Master of the High Court in insolvency proceedings Van Wyk, Jani Sani u23061899@tuks.co.za Nortje, Estelle UCTD Insolvency Master of the High Court Insolvency proceedings Reduced oversight Reduced oversight by the Master Dissertation (LLM (Research))--University of Pretoria, 2023. This study analyses the necessity of the involvement of the Master of the High Court, as the insolvency regulator of South Africa, in insolvency proceedings. The analysis is undertaken against the background of some of the delays experienced by the insolvency industry due to the oversight role of the Master of the High Court. These include delays with the appointment of trustees or liquidators; convening of the first creditors meeting and confirmation of the liquidation and distribution account. The study evaluates whether oversight is indeed necessary and considers the viability of existing solutions to oversight-related delays. The position in South Africa is benchmarked against the legal framework of Germany, in order to determine whether any lessons can be learned from foreign trends. The study finds that there is a dire need for reduced oversight by the Master. It concludes with solutions to enhance the legal framework in order to support the efficient resolution of insolvency proceedings. Mercantile Law LLM (Research) Unrestricted Faculty of Laws SDG-16:Peace,justice and strong institutions 2024-02-21T08:39:35Z 2024-02-21T08:39:35Z 2024-05-16 2023 Dissertation * A2024 http://hdl.handle.net/2263/94779 Disclaimer Letter 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 Insolvency Master of the High Court Insolvency proceedings Reduced oversight Reduced oversight by the Master The viability of reduced oversight by the Master of the High Court in insolvency proceedings |
| title | The viability of reduced oversight by the Master of the High Court in insolvency proceedings |
| title_full | The viability of reduced oversight by the Master of the High Court in insolvency proceedings |
| title_fullStr | The viability of reduced oversight by the Master of the High Court in insolvency proceedings |
| title_full_unstemmed | The viability of reduced oversight by the Master of the High Court in insolvency proceedings |
| title_short | The viability of reduced oversight by the Master of the High Court in insolvency proceedings |
| title_sort | viability of reduced oversight by the master of the high court in insolvency proceedings |
| topic | UCTD Insolvency Master of the High Court Insolvency proceedings Reduced oversight Reduced oversight by the Master |
| url | http://hdl.handle.net/2263/94779 |