Perspectives on Protecting the Family Home in South African Insolvency Law

International Insolvency Law: Reforms and Challenges (Markets and the Law), ISBN: 978-0754674825, 2013

25 Pages Posted: 27 Feb 2018

See all articles by Corlia van Heerden

Corlia van Heerden

Independent

Andre Boraine

University of Pretoria

Lienne Steyn

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

Date Written: 2013

Abstract

There seems no better time than the present to consider the protection of a debtor's home against execution by creditors, whether within or outside of the insolvency system. The sub-prime mortgage crisis and current global economic distress have focused attention on the need to find ways to avoid the adverse consequences of mortgage foreclosures for both debtors and creditors. Unemployment and the rising cost of living have already burdened the social security systems of various countries. It may be difficult for governments that have already directed funds towards saving financial and business sectors of the economy also to address the needs of individual debtors facing possible homelessness as a result of home mortgage foreclosures.

Suggested Citation

van Heerden, Corlia and Boraine, Andre and Steyn, Lienne, Perspectives on Protecting the Family Home in South African Insolvency Law (2013). International Insolvency Law: Reforms and Challenges (Markets and the Law), ISBN: 978-0754674825, 2013, Available at SSRN: https://ssrn.com/abstract=3124213

Corlia Van Heerden

Independent

Andre Boraine (Contact Author)

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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