The role of judges on the commencement of reorganization proceedings

Simple item page
dc.contributor.advisorBradfield, Graham
dc.contributor.authorLucas, E Saute Ana Juliana De Sales
dc.date.accessioned2023-03-16T09:56:43Z
dc.date.available2023-03-16T09:56:43Z
dc.date.issued2022
dc.date.updated2023-03-16T09:51:17Z
dc.description.abstractThis dissertation aims to elaborate on the role of judges on the commencement of judicial reorganisation 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 are not facing distress can apply to enter reorganization proceedings in order to enjoy the stay of actions and executions, abusing court processes and causing harm to creditors. Judges play an important role preventing abuse of court processes by preliminary dismiss applications that lack material and formal requirements. they can produce evidence on their own motion by appointing an expert to examine and verify the truth of the facts, arguments and evidence presented by the applicant as to justify his or her right to enter reorganisation proceedings. Key words: insolvency law, reorganisation proceedings, commencement of reorganisation proceedings, abuse of process, suspension of actions and executions, preliminary dismissal, the role of judges.
dc.identifier.apacitationLucas, E. S. A. J. D. S. (2022). <i>The role of judges on the commencement of reorganization proceedings</i>. (). ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/37463en_ZA
dc.identifier.chicagocitationLucas, E Saute Ana Juliana De Sales. <i>"The role of judges on the commencement of reorganization proceedings."</i> ., ,Faculty of Law ,Department of Commercial Law, 2022. http://hdl.handle.net/11427/37463en_ZA
dc.identifier.citationLucas, E.S.A.J.D.S. 2022. The role of judges on the commencement of reorganization proceedings. . ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/37463en_ZA
dc.identifier.ris TY - Master Thesis AU - Lucas, E Saute Ana Juliana De Sales AB - This dissertation aims to elaborate on the role of judges on the commencement of judicial reorganisation 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 are not facing distress can apply to enter reorganization proceedings in order to enjoy the stay of actions and executions, abusing court processes and causing harm to creditors. Judges play an important role preventing abuse of court processes by preliminary dismiss applications that lack material and formal requirements. they can produce evidence on their own motion by appointing an expert to examine and verify the truth of the facts, arguments and evidence presented by the applicant as to justify his or her right to enter reorganisation proceedings. Key words: insolvency law, reorganisation proceedings, commencement of reorganisation proceedings, abuse of process, suspension of actions and executions, preliminary dismissal, the role of judges. DA - 2022_ DB - OpenUCT DP - University of Cape Town KW - Commercial Law LK - https://open.uct.ac.za PY - 2022 T1 - The role of judges on the commencement of reorganization proceedings TI - The role of judges on the commencement of reorganization proceedings UR - http://hdl.handle.net/11427/37463 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/37463
dc.identifier.vancouvercitationLucas ESAJDS. The role of judges on the commencement of reorganization proceedings. []. ,Faculty of Law ,Department of Commercial Law, 2022 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/37463en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Commercial Law
dc.publisher.facultyFaculty of Law
dc.subjectCommercial Law
dc.titleThe role of judges on the commencement of reorganization proceedings
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
thesis_law_2022_lucas e saute ana juliana de sales.pdf
Size:
1.2 MB
Format:
Adobe Portable Document Format
Description:
Download
License bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
license.txt
Size:
0 B
Format:
Item-specific license agreed upon to submission
Description:
Download
Collections
Masters