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

dc.contributor.advisorHutchison, Andrew
dc.contributor.authorBär, Alida Lucia
dc.date.accessioned2020-09-09T16:08:31Z
dc.date.available2020-09-09T16:08:31Z
dc.date.issued2020
dc.date.updated2020-09-09T16:08:07Z
dc.description.abstractA key challenge of the present is the growing number of consumer debtors, often caused by easy access to credit. Especially for people on low incomes, even an unforeseen event can lead to a situation in which credit 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 incomes. This comparative research presents the insolvency proceedings of South Africa, in particular the recently introduced low income insolvency proceedings, and compares them with those of New Zealand, Great Britain and Germany, whereby Germany is the only one of these countries without a low-income insolvency procedure. It is established that each of these proceedings has advantages and disadvantages. It is also noted that despite the existence of insolvency proceedings, the number of consumer debtors continues to rise. Therefore, in addition to a proposal for insolvency proceedings combining the feasible aspects of each of the legal systems presented, it is also proposed to teach financial literacy at school in order to prevent over-indebtedness.
dc.identifier.apacitationBär, A. L. (2020). <i>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</i>. (). ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/32199en_ZA
dc.identifier.chicagocitationBär, Alida Lucia. <i>"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."</i> ., ,Faculty of Law ,Department of Public Law, 2020. http://hdl.handle.net/11427/32199en_ZA
dc.identifier.citationBär, A.L. 2020. 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. . ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/32199en_ZA
dc.identifier.risTY - Master Thesis AU - Bär, Alida Lucia AB - A key challenge of the present is the growing number of consumer debtors, often caused by easy access to credit. Especially for people on low incomes, even an unforeseen event can lead to a situation in which credit 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 incomes. This comparative research presents the insolvency proceedings of South Africa, in particular the recently introduced low income insolvency proceedings, and compares them with those of New Zealand, Great Britain and Germany, whereby Germany is the only one of these countries without a low-income insolvency procedure. It is established that each of these proceedings has advantages and disadvantages. It is also noted that despite the existence of insolvency proceedings, the number of consumer debtors continues to rise. Therefore, in addition to a proposal for insolvency proceedings combining the feasible aspects of each of the legal systems presented, it is also proposed to teach financial literacy at school in order to prevent over-indebtedness. DA - 2020_ DB - OpenUCT DP - University of Cape Town KW - International Law LK - https://open.uct.ac.za PY - 2020 T1 - 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 TI - 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 UR - http://hdl.handle.net/11427/32199 ER -en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/32199
dc.identifier.vancouvercitationBär AL. 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. []. ,Faculty of Law ,Department of Public Law, 2020 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/32199en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Public Law
dc.publisher.facultyFaculty of Law
dc.subjectInternational Law
dc.titleRecent 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
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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