The Meaning of Advantage to Creditors under Voluntary, Compulsory and Friendly Sequestration in South Africa
The article discusses the advantage to creditors’ requirement in voluntary surrender, friendly and compulsory sequestration in South Africa. This is done to, inter alia, examine the meaning and application of the advantage to creditors’ requirement in sequestration proceedings in South Africa. It...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Danubius University
2019-08-01
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| Series: | Acta Universitatis Danubius: Juridica |
| Subjects: | |
| Online Access: | http://journals.univ-danubius.ro/index.php/juridica/article/view/5538/5024 |
| Summary: | The article discusses the advantage to creditors’ requirement in voluntary surrender,
friendly and compulsory sequestration in South Africa. This is done to, inter alia, examine the
meaning and application of the advantage to creditors’ requirement in sequestration proceedings in
South Africa. It is also done to comparatively discuss the burden of proof and the court’s discretion in
relation to the advantage to creditors’ requirement in voluntary surrender, friendly and compulsory
sequestration proceedings. To this end, the article provides an overview analysis of the meaning and
interpretation of the advantage to creditors’ requirement, the burden of proof and the possible
differences in the application of this requirement in the relevant sequestration proceedings.
Accordingly, the article provides a discussion of the possible challenges and the court’s discretion in
the adjudication and application of the advantage to creditors’ requirement in all sequestration
proceedings in South Africa. |
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| ISSN: | 1844-8062 2065-3891 |