n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Cross-border insolvency in South African law
|Article Title||Cross-border insolvency in South African law|
|© Publisher:||Juta Law Publishing|
|Journal||SA Mercantile Law Journal = SA Tydskrif vir Handelsreg|
|Publication Date||Jan 2009|
|Pages||804 - 817|
At the outset, it would be as well to define what is meant by the term 'transnational insolvency' or 'international insolvency' or, to use the more widely accepted term, 'cross-border insolvency'. The expression is used to denote those situations in which an insolvency occurs in circumstances which in some way transcend the 'confines of a single legal system, so that a singleset of domestic insolvency law provisions cannot be immediately and exclusively applied without regard to the issues raised by the foreign elements in the case'.
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