oa Fundamina : A Journal of Legal History - Historical overview of state regulation of South African insolvency law

Volume 16, Issue 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



With the aim of contextualising the evolution of state regulation in the South African insolvency law, this article briefly discusses the history of insolvency law in general, and considers the historical development of state regulation in Roman, Roman-Dutch and English law. Although it could be argued that the establishment of the and subsequent founding of the office of the Master of the Supreme Court could be classified as the most significant events in the history of this field of law, at the time, adequate attention had not been paid to the process of policy development nor to the implications of the merger of the two institutions. Hopefully, as the South African law- and policymakers are at present contemplating the introduction of significant new insolvency legislation, the importance of a policy-driven approach based on lessons learned and insights gained from research conducted into the historical context surrounding insolvency law would be recognised.

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