The Pro-Creditor Approach in South African Insolvency Law and the Possible Impact of the Constitution

(2015) 3 NIBLeJ 5

34 Pages Posted: 23 Feb 2018

See all articles by Andre Boraine

Andre Boraine

University of Pretoria

Roger Graham Evans

University of South Africa - School of Law

Melanie Roestoff

University of Pretoria

Lienne Steyn

University of KwaZulu-Natal - Faculty of Law (Westville Campus)

Date Written: February 13, 2018

Abstract

Human rights considerations have assumed increasing significance in recent decades in insolvency law and practice in many jurisdictions. In the preface to the third edition of The Law of Insolvency, Fletcher conveyed, in relation to England and Wales, that: “…[t]he Human Rights Act 1998 has necessitated a comprehensive review of the operation of the insolvency law and procedure in the light of the requirements of the European Convention of Human Rights, as the validity of established domestic provisions comes to be challenged with increasing frequency before the courts.”

Suggested Citation

Boraine, Andre and Evans, Roger G. and Roestoff, Melanie and Steyn, Lienne, The Pro-Creditor Approach in South African Insolvency Law and the Possible Impact of the Constitution (February 13, 2018). (2015) 3 NIBLeJ 5 , Available at SSRN: https://ssrn.com/abstract=3123038

Andre Boraine (Contact Author)

University of Pretoria ( email )

Physical Address Economic and Management Sciences
Pretoria, Gauteng 0002
South Africa

Roger G. Evans

University of South Africa - School of Law ( email )

Pretoria
South Africa

Melanie Roestoff

University of Pretoria ( email )

Physical Address Economic and Management Sciences
Pretoria, Gauteng 0002
South Africa

Lienne Steyn

University of KwaZulu-Natal - Faculty of Law (Westville Campus)

United States

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