oa Comparative and International Law Journal of Southern Africa - Recognition of foreign proceedings, orders and officials in insolvency in Southern Africa: a call for a regional convention



Although older and more advanced in terms of organised administration and economic structures, South Africa is, in fact the newest of the region's countries, having attained its liberation only in 1994. There has been a growth in the number of immigrants and emigrants to and from South Africa, respectively between 1994 and 1996. In the area of investment, the trend has been even more spectacular. Liabilities may arise from the business activities of those concerned or from their contractual, delictual or even criminal activities. The majority of the countries in the SADC region belong to two sister common law systems, namely the English and the Roman-Dutch respectively. Equally important is the fact that theses countries fall neatly into four categories of legal codes. These are Angola and Mozambique which follow Portuguese law, the Congo and the Seychelles which are based on French law while the rest belong to the Anglophone and Roman-Dutch law systems. These make the group small and therefore appropriate for harmonisation or a convention.


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