n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Defining the unincorporated business in financial distress : should it be treated as a business or as a consumer? : analyses

Volume 19, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



This analysis will briefly explain some of the reasons for and implications of the classification of debtors in insolvency law, and the difficulties in finding the appropriate classification system for small unincorporated businesses, particularly sole proprietorships. I will then consider the classification system in South African insolvency law, and compare it to those in a number of other jurisdictions. In conclusion, I will deal with the current developments in South African corporate and insolvency law and the extent to which these developments may improve the situation of small unincorporated businesses experiencing financial difficulties.

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