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Roman-Dutch Law40
By all accounts it appears that the Roman law procedure of cessio bonorum was introduced into Holland in approximately the last part of the fifteenth century and the early sixteenth century.41 Prior to this, personal execution against the debtor was the only method of trying to obtain payment of the debt. Similar to the Roman law position, a debtor was not automatically allowed to make use of cessio bonorum if he had defrauded his creditors in any way.42 It has been stated that cessio bonorum was in any event a privilege which was only granted by the courts after the debtor had given the full facts in respect of the application, and only after the debtor had informed all his creditors of the application.
After the confirmation of cessio bonorum by the court, a trustee was appointed, the property of the debtor sold by public auction, and the proceeds thereof distributed amongst the creditors on a pro rata basis.44 After the granting of a cessio bonorum the estate was initially administered by commissioners under the supervision of the scouts or schepenen, but during the eighteenth century the so-called desolate boedelkamers were established, which were inter alia responsible for the administration of insolvent estates.
According to Van der Linden46 sequestration upon the application of creditors was also commonplace, and he points out that many places had local ordinances which regulated the procedures and also that special boedelkamers were established.47
CHAPTER 1 : INTRODUCTION
1 INTRODUCTION
2 HYPOTHESES
3 METHODOLOGY
CHAPTER 2 : HISTORICAL OVERVIEW OF THE DEVELOPMENT OF INSOLVENCY LAW IN SOUTH AFRICA
1 INTRODUCTION
2 SOUTH AFRICAN COMMON LAW
3 ENGLISH LAW
4 SOUTH AFRICAN STATUTES
5 CONCLUSION
CHAPTER 3 : HISTORICAL OVERVIEW OF THE WINDING-UP OF COMPANIES AND CLOSE CORPORATIONS IN SOUTH AFRICA
1 INTRODUCTION .
2 HISTORICAL OVERVIEW OF ENGLISH COMPANY LAW
3 HISTORICAL OVERVIEW OF SOUTH AFRICAN COMPANY LAW
4 HISTORICAL OVERVIEW OF SOUTH AFRICAN CLOSE CORPORATION LAW
5 WINDING-UP GENERALLY
6 HISTORICAL DEVELOPMENT OF THE WINDING-UP OF COMPANIES UNDER ENGLISH LAW
7 HISTORICAL DEVELOPMENT OF THE WINDING-UP OF COMPANIES UNDER SOUTH AFRICAN LAW
8 HISTORICAL DEVELOPMENT OF THE WINDING-UP OF CLOSE CORPORATIONS UNDER SOUTH AFRICAN LAW
9 CONCLUSION
CHAPTER 4 : INSOLVENCY LAW REFORM IN ENGLAND, AUSTRALIA, GERMANY AND THE UNITED STATES OF AMERICA
1 INTRODUCTION
2 ENGLAND .
3 AUSTRALIA
4 GERMANY
5 UNITED STATES OF AMERICA
CHAPTER 5 : THE APPLICATION OF THE LAW OF INSOLVENCY TO THE WINDING-UP OF INSOLVENT COMPANIES AND CLOSE CORPORATIONS
1 INTRODUCTION .
2 THE APPLICATION OF INSOLVENCY LAW TO THE WINDING-UP OF COMPANIES
3 THE APPLICATION OF INSOLVENCY LAW TO THE WINDING-UP OF CLOSE CORPORATIONS
4 THE APPLICATION OF INSOLVENCY LAW TO THE WINDING-UP OF OTHER ENTITIES
5 THE CONNECTING PROVISIONS IN SECTION 339 OF THE COMPANIES ACT AND SECTION 66 OF THE CLOSE CORPORATIONS ACT, DUPLICATION AND CROSS-REFERENCING
CHAPTER 6 : DEFINING “DEBTOR” FOR THE PURPOSES OF A UNIFIED INSOLVENCY AC
CHAPTER 7 : SPECIALISED INSTITUTIONS UNDER A UNIFIED INSOLVENCY ACT
CHAPTER 8 : LIQUIDATION APPLICATIONS UNDER A UNIFIED INSOLVENCY ACT
CHAPTER 9 : THE COMMENCEMENT OF LIQUIDATION AND THE VESTING OF THE INSOLVENT ESTATE UNDER A UNIFIED INSOLVENCY ACT
CHAPTER 10 : THE INTRODUCTION OF A TRULY UNIFIED INSOLVENCY ACT: ANCILLARY MATTERS
CHAPTER 11 : VOLUNTARY LIQUIDATION UNDER A UNIFIED INSOLVENCY ACT
CHAPTER 12 : CONCLUSION AND RECOMMENDATIONS
