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Lessons for insolvency law from the emoluments attachment order experience
Mini Dissertation (LLM (Insolvency Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613719182180352 |
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| access_status_str | Open Access |
| author2 | Van Wyk, Jani |
| author_browse | Van Wyk, Jani |
| author_facet | Van Wyk, Jani |
| 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 | Mini Dissertation (LLM (Insolvency Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/96889 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:36.899Z |
| 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:2263/96889 Lessons for insolvency law from the emoluments attachment order experience Van Wyk, Jani frikgrobler3@gmail.com Boraine, André Grobler, Frederik UCTD Insolvency Insolvent's income Section 23(5) of insolvency Act Post-sequestration income Emoluments attachment order Excluded assets Sustainable development goals (SDGs) SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Mini Dissertation (LLM (Insolvency Law))--University of Pretoria, 2024. Section 23(5) of the Insolvency Act poses an interesting challenge, namely vesting a portion of an insolvent’s post-sequestration income in the trustee of the insolvent estate without infringing on the insolvent’s constitutional rights. The income earned by the insolvent during sequestration is in general excluded from his estate and does not vest in the trustee, unless the Master determines that a portion of the insolvent’s income will not be required to maintain the insolvent and his dependents. In such a case, only the portion deemed to be surplus to requirements will be included in the insolvent estate and will vest in the trustee. The question of what role the insolvent’s income should play during the sequestration process, and therefore how section 23(5) should be interpreted and applied, has vexed the courts and numerous practical and constitutional issues arise. This study examines the application and shortcomings of section 23(5) during the administration phase of the sequestration process. It then explores the lessons learned during the recent constitutional scrutiny and subsequent amendment of the emoluments attachment process. Lastly, recommendations are made for possible law reform of section 23(5). Procedural Law LLM (Insolvency Law) Restricted Faculty of Laws 2024-07-10T08:41:55Z 2024-07-10T08:41:55Z 2024-09 2024-05 Mini Dissertation * S2024 http://hdl.handle.net/2263/96889 10.25403/UPresearchdata.26213441 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 Insolvent's income Section 23(5) of insolvency Act Post-sequestration income Emoluments attachment order Excluded assets Sustainable development goals (SDGs) SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Lessons for insolvency law from the emoluments attachment order experience |
| title | Lessons for insolvency law from the emoluments attachment order experience |
| title_full | Lessons for insolvency law from the emoluments attachment order experience |
| title_fullStr | Lessons for insolvency law from the emoluments attachment order experience |
| title_full_unstemmed | Lessons for insolvency law from the emoluments attachment order experience |
| title_short | Lessons for insolvency law from the emoluments attachment order experience |
| title_sort | lessons for insolvency law from the emoluments attachment order experience |
| topic | UCTD Insolvency Insolvent's income Section 23(5) of insolvency Act Post-sequestration income Emoluments attachment order Excluded assets Sustainable development goals (SDGs) SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/96889 |