100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
RRLLB811 ASSIGNMENT 2 2024 SEMESTER 2 TOPIC-TRANSFORMATIVE CONSTITUTIONALISM AND REHABILITATION IN SOUTH AFRICAN INSOLVENCY LAW..to book Unique for R650 //wa.me/ $34.19   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of South Africa (Unisa)
  4.  
  5. RRLLB81 (RRLLB81)

Other

RRLLB811 ASSIGNMENT 2 2024 SEMESTER 2 TOPIC-TRANSFORMATIVE CONSTITUTIONALISM AND REHABILITATION IN SOUTH AFRICAN INSOLVENCY LAW..to book Unique for R650 //wa.me/
 16 views  0 purchase
  • Course
  • RRLLB81 (RRLLB81)
  • Institution
  • University Of South Africa (Unisa)

RRLLB811 ASSIGNMENT 2 2024 SEMESTER 2 TOPIC-TRANSFORMATIVE CONSTITUTIONALISM AND REHABILITATION IN SOUTH AFRICAN INSOLVENCY LAW. book Unique for R650 //

Preview 3 out of 16  pages

Document information

  • September 10, 2024
  • 16
  • 2024/2025
  • Other
  • Unknown

Subjects

  • rrllb811 assignment 2 2024 semester 2 topic transf

Written for

  • University of South Africa (Unisa)
  • RRLLB81 (RRLLB81)
All documents for this subject (34)

Seller

avatar-seller
ruvarashebango

Reviews received

Content preview

RRLLB81-ASSIGNMENT 2 2024 SEMESTERE 2

TOPIC-TRANSFORMATIVE CONSTITUTIONALISM AND REHABILITATION IN SOUTH AFRICAN
INSOLVENCY LAW

,ABSTRACT

This research paper examines how transformative constitutionalism influences the
rehabilitation process in South African insolvency law. Traditionally, South African
insolvency law has prioritized the interests of creditors, resulting in prolonged
economic restrictions for insolvent individuals before they can achieve rehabilitation.
This study scrutinizes the duration of the rehabilitation process, which can span from
six months to ten years, and the challenges faced by debtors during sequestration.
By comparing South African practices with more debtor-friendly approaches in other
countries, the research explores whether the extended rehabilitation periods violate
the constitutional rights of insolvent individuals. The study raises a potential
constitutional issue, arguing that the lengthy and burdensome rehabilitation process
may be unreasonable compared to international standards. It concludes by
evaluating these concerns in the context of the South African Constitution's limitation
clause and considers whether reforms are necessary to align South Africa's
rehabilitation provisions with current global practices.

, KEY WORDS


Transformative Constitutionalism
Rehabilitation
Insolvency Law
Debtor-Friendly Jurisdictions
Constitutional Rights

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller ruvarashebango. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $34.19. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

75759 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$34.19
  • (0)
  Add to cart