n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Cross-border insolvency in South African law




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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