n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The origins and development of the dual priorities rule in partnership insolvency




The division of the proceeds of insolvent partnerships' and partners' estates has been strongly influenced by the so-called dual priorities rule :

As its name signifies, the dual priorities rule basically embodies two components. The first acknowledges the priority of partnership creditors on partnership assets; this will be referred to as 'entity shielding'. The second component creates a priority of private creditors on the assets in a particular partner's private estate; this will be referred to as 'owner shielding'.


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