A Comparative Analysis of Creditor-Funded Insolvencies in South Africa

Abstract

An exposition on the emergence of creditor-funded insolvencies in South Africa. Examining the current provisions in the Insolvency Act 24 of 1936, which perpetuate a contributory construct in the South African insolvency sphere and the effectiveness of preexisting circumvention measures and proposed amendments to the current Insolvency Act. A comparative analysis of alleviation measures contained in the German Insolvency Code and British Insolvency Act. Ascertaining whether such measures could find equal application within South Africa's distinct socio-economic dispensation.