The Draft Insolvency Bill- An Exploration (Part 2)

[1999 Tsar] P38

Posted: 27 Feb 2018

Date Written: February 16, 2018


The general principle regarding the effect of liquidation on contracts entered into before liquidation is presently based on our common law. The rule entails that in the absence of any statutory provisions or common law principles to the contrary, contractual rights and obligations are not automatically terminated by the sequestration or liquidation of either one of the contracting parties.

Suggested Citation

Boraine, Andre, The Draft Insolvency Bill- An Exploration (Part 2) (February 16, 2018). [1999 Tsar] P38, Available at SSRN:

Andre Boraine (Contact Author)

University of Pretoria ( email )

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

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