PER: 2008 Volume 11 No 1
9 April 2008
- Challenge and Opportunity: the ALI/III Global Principles Project / Fletcher, IF
- Director and Officer Liability in the Zone of Insolvency; A Comparative Analysis / Rajak, HH
- Cross-Border Insolvency Law in Europe: Present Status and Future Prospects / Wessels, B
- Viewing the proposed South African Business Rescuie Provisions from an Australian Perspective / Anderson, C
- The Righteous Bankruptcy Trustee: The influence of creditors on the appointment of a bankruptcy trustee from a Netherlands perspective. / Vriesendorp, RD
- Crossborder jurisdiction and assistance in insolvency: The position in Malaysia and Singapore / Omar, PJ
This first issue of 2008 has a commercial and business law flavour with a distinct emphasis on cross-border insolvency.
Ian Fletcher of University College London opens the offerings with a discussion of a feasibility study on the global acceptance of the NAFTA Principles of Cooperation and the Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases developed by the American Law Institute and the International Insolvency Institute.
Harry Rajak of the University of Sussex comparatively illuminates the shift brought about in various jurisdictions by legislation towards the personal liability of company directors and officers for shortfalls in the event of the insolvency of a company.
Bob Wessels of the University of Leiden next deals with the EU model for managing cross-border insol-vencies, which is based on well known theories of private inter-national law with reference to recent leading judgments of the European Court of Justice.
The proposed South African model of corporate rescue in the event of insolvency is thoroughly compared with the existing Australian model by Colin Anderson of the Griffith University Business School in Australia.
Reinout Vriesendorp of the Faculty of Law of the University of Tilburg then argues that more creditor involvement in the appointment of bankruptcy trustees is not required or desired. He approaches the subject from a Netherlands perspective, but also provides comparative perspectives.
Finally Paul Omar, inter alia Barrister of Gray's Inn compares the law and current developments in relation to cross-border insolvency particularly relating to foreign companies in Singapore and Malaysia.
Editor: Professor Francois Venter / Edition editor: Professor Leonie Stander
(2008)Malaysia and Singapore are members of the common law family and have 'inherited' their company and insolvency law from models in use in the United Kingdom with influences from Australia. It is the purpose of this article ...
The Righteous Bankruptcy Trustee: The influence of creditors on the appointment of a bankruptcy trustee from a Netherlands perspective. (2008)In this contribution the topic of integrity of the bankruptcy trustee is being dealt with from a Dutch perspective, more specifically from the point of view of the creditors and their (lack of) influence on the appointment ...
(2008)This article makes some comparisons between the Australian corporate rescue provisions and those proposed to be adopted in South Africa in the Companies Bill 2007. By so doing it may assist in the debate in South Africa ...
(2008)In May 2007 the European countries celebrated the first lustrum of the EU Insolvency Regulation (1346/2000). This article describes where Europe stands with its model which is based on well known theories of private ...
(2008)It is the duty of the directors of a company to run the business of the company in the best interests of the company and its shareholders. In principle, the company, alone, is responsible for the debts incurred in the ...
(2008)This article deals with an international project to establish the extent to which it is feasible to achieve a worldwide acceptance of the Principles of Cooperation among the NAFTA Countries together with the Guidelines ...