Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 29 for “"insolvency law"”.
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The pari passu principle in insolvency law: an analysis of the judicial construct and its suitability for modern needs
… of this thesis is the pari passu rule in English law. That rule, commonly understood, provides for equal (or pro rata) treatment of creditors belonging to the same class. The rule has been developed through both legislative and judicial activities over a long passage of legal history. This thesis …
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Overlapping jurisdiction between admiralty and insolvency law: an evaluation and comparison of the South African and English legal approaches?
Includes bibliographical references.
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An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement
… justification of the stringent natural person insolvency system in light of the “advantage to creditors” requirement. Jackson’s (The Logic and Limits of Bankruptcy Law (1986) 3) criteria of “what is being addressed” by the South African natural person insolvency law system, and why that which …
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Legal challenges of cross-border insolvencies in sub-saharan Africa with reference to Tanzania and Kenya: a framework for legislation and policies
… in recent years in the area of cross-border insolvency, this scholarship has been dominated by scholars from the United States and Europe, so that a perspective from most of Sub-Saharan African (SSA) countries is lacking. This study addresses this perspective. It makes an in-depth examination …
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A Comparative Assessment of Employee Rights within South African, United Kingdom and Australian Corporate Rescue Legislation
… with the process intersecting matters of labour law, company law and insolvency law. Shifting societal attitudes around issues of fairness and ethics have led internationally and locally to enhanced employee protections in labour, corporate and insolvency law. The focus of this study is to assess …
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Wrongful trading and the standard of skill and care for corporate directors: Vol.1. a comparative study of corporate governance
… in the same corporate entity. The role of the law in formulating new standards of directors' duties and creating general objectives for the corporation is to seek to balance all interests within the corporate nexus. Insolvency law in England and Wales has been harnessed to achieve some progress …
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A critical analysis of the effectiveness of the corporate rescue provisions under Sch B1 of Insolvency Act 1986
In 1982, the Insolvency Law and Practice: Report of the Review Committee (“the Cork Committee”) recommended the preservation of viable commercial enterprises, as an alternative to company winding up, in appropriate circumstances. Although the primary purpose of administration, which was …
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Recent Developments in South African Consumer Insolvency Law - An analysis of the National Credit Amendment Act 7 of 2019 and its possible impact on the economy, taking into account the experiences of the British, New Zealand and German legal systems
… rates can no longer be serviced. The result is insolvency. However, in the past many jurisdictions were not prepared for the challenges of low income insolvency. It was not until more recent times that legislators began to develop special insolvency procedures tailored to people with low …
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A comparative analysis of corporate insolvency laws: what is is the best option for Kenya?
This research makes a comprehensive review of insolvency laws and reforms in the selected jurisdictions namely Kenya, the UK and Mauritius with a view of understanding how Kenya can benefit from the experience of others. The main aim is to evaluate whether Kenyan in-solvency laws supports modern …
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Legal Challenges of Cross-Border Insolvencies in Sub-Saharan Africa with Reference to Tanzania and Kenya: A Framework for Legislation and Policies
… in recent years in the area of cross-border insolvency, this scholarship has been dominated by scholars from the United States and Europe, so that a perspective from most of Sub-Saharan African (SSA) countries is lacking. This study addresses this perspective. It makes an in-depth examination …
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The rights of employees on corporate insolvency: a UK and US perspective
… how Dworkin’s interpretative approach to law may be used to resolve the uncertainties in how a balance can be achieved between employee protection and corporate rescue laws during corporate insolvency. There exist a significant number of academic theses on the role that insolvency law …
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The winding up of companies by the court : an analysis of the relevant provisions of the Companies Act, 1995
"Until quite recently, the public's perception of insolvency law has been one which was regarded as a symptom of ghoulish morbidity. Even Parliamentary draftsmen showed a tendency to conceal the relevant law in the darker recesses of the early Companies Acts. Exhausted students of company law might …
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An analysis and critique of secured lending in South African law, including cession in securitatem debiti as a means to secure the repayment of loans for consumption
… thesis critiques South African secured lending laws by examining the contractual basis on which money is loaned and its repayment is secured, focusing on syndicated loans. The loan of money constitutes a loan for consumption in terms whereof the lender passes legal title to its money to the …
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Suggested reasons for the failure of judicial management as a business rescue mechanism in South African law
… was the first of its kind in South African law) as well as companies themselves, who might have lacked an idea of how the procedure was to be utilised. In order to address the shortfalls in the legislation, a number of amendments were made through the years. One such shortfall was the fact …
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Priority rights of creditors in insolvency
Although it is a fundamental principle of insolvency law that all creditors are treated equally (the par! passu principle), in practice this principle is subject to a number of important exceptions. The principal exceptions are the respective rights of secured creditors, preferential creditors, …
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The role of judges on the commencement of reorganization proceedings
… proceedings under the Mozambican new insolvency and business reorganisation law. An application to enter reorganization proceedings suspends all actions and executions for debt collection against the applicant interfering with his creditors' and other intervenor's rights. Debtors who …
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A comparative analysis of an insolvent's capacity to earn a living within the South African constitutional context
… best practice; and to make recommendations for law reform. This thesis also aims to re-evaluate the rationale for the existence of the current restrictions coupled with the long rehabilitation period generally provided for in our insolvency law within the context of modern needs and realities. …
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Transfer of undertakings: the tension between business rescue and employment protection in corporate insolvency
… Business rescue and employee protection goals of insolvency law and employment law respectively are not inevitably incompatible. Opinions are divided, however, on the best means for achieving compatibility. This thesis uses theory to establish how the tension between these goals may be addressed. …
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The US Chapter 9 procedure: a plea for a useful model for solving excessive indebtedness of municipalities
… in the first instance to the necessity of insolvency proceedings for municipalities as territorial entities. Therefore, the current debate on insolvency proceedings for states is presented briefly in an introductory overview to introduce the debate that insolvency proceedings for …
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How effective are the frameworks regulating the duties of directors in insolvency in Nigeria and England and Wales? Prospects and challenges
… is a scarcity of literature on this aspect of law. Through the application of doctrinal methodology, this thesis seeks to find a balance between what operates in England and Wales, from where Nigeria adopted her law. This thesis proposes some changes, in some cases, major changes and amendments …
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