The insolvency of municipalities is no longer a rare incident; it is a reality. It is interesting to note that even in the United States of America the insolvency of municipalities is currently an equally serious concern. ...

With regard to environmental harm and the liability for damages caused thereby, various risks emerge. The first risk is liability itself, and, for any person or entity that operates a business where the environment is to ...

An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the ...

With regard to environmental harm by an insolvent company, the concern with the liquidator of the insolvent company is usually the extent to which he or she shall personally be held liable for environmental harm caused ...

Die voorkeurorde is die hart en kern van enige insolvensieregstelsel. Hierdie orde bepaal die hiërargie onder skuldeisers in 'n finale likwidasie. Woods noem dit die prioriteitsleer (ladder of priorities) en dit is hierdie ...

The concept of “advantage to creditors” in insolvency law is not without problems. Inevitably the question arises, and is discussed in this note, whether the notion of creditor advantage ultimately got stuck at determining ...

In this note, the application of section 102 of the Insolvency Act 24 of 1936 is analysed. This section provides preference (and not real security) to the holder of a specific type of notarial bond. To understand the ...

The question asked in this article is inspired by the recent case of Mr Julius Malema. Why the matter is so important and has enjoyed so much attention, is the fact that it was widely suggested that a final order of ...

Met ‘n vlugtige lees van die opsomming van hierdie saak was die skrywers van mening dat die uitspraak nie juis noemenswaardig is nie, maar met nadere ondersoek het dit geblyk dat dit uiters belangrike kwessies aanroer. Dit ...