Mars: The Law of Insolvency in South Africa

18 May 2019

About this publication:

Mars: The Law of Insolvency in South Africa has established itself as a specialist work that has for decades been the guide for anyone who practices in this important area of law.

The tenth edition of Mars: The Law of Insolvency has been revised by a team of eleven authors to include developments in the law of insolvency and associated areas of the law to give readers an up-to-date treatment of this important area of law.

While retaining the proven structure of the previous editions, this edition aims at dealing comprehensively with all aspects of insolvency law. The latest edition retains references to landmark cases and articles in legal journals but also incorporates numerous new references to critical analyses of applicable legislation, case law, insolvency law reform initiatives and international developments in the field of insolvency law, enabling the reader to gain a proper understanding of the principles underlying the South African law of insolvency.

Contents include:

•  Table of Cases
• General introduction
• Jurisdiction
• Voluntary surrender
• Acts of insolvency
• Compulsory sequestration
• Setting aside sequestration order: appeals
• Custody and administration of estate pending appointment of trustee
• Effects of sequestration order
• Property vesting in trustee
• Property which does not vest in trustee
• The insolvent’s spouse
• Effects of sequestration order on uncompleted contracts
• Impeachable transactions
• The trustee: election, appointment, remuneration
• The trustee: rights and duties
• The insolvent
• Creditors: meetings, rights and duties
• Proof of claims
• Interrogations
• Secured creditors
• Realisation of securities
• Application and distribution of assets
• Estate accounts
• Composition
• Rehabilitation
• Partnership as affected by insolvency
• Criminal Law—general
• Criminal law—particular offences
• The land bank and agricultural credit
• Cross-Border Insolvency Law
• Appendix i: Specimen documentation
• Appendix ii: Insolvency act 24 of 1936
• Appendix iii: Annexure CM 101
• Appendix iv: Annexure CM 102
• Appendix v: Land and Agricultural Development Bank Act 15 of 2002
• Appendix vi: Financial Matters Amendment Bill
• Subject index

Of interest and benefit to:

• Insolvency practitioners
• Members of the Bench
• The Master’s office
• Insurance companies
• Other financial institutions
• Legal scholars

General Information

• Edition: 10th
• Available: 27 May 2019
• Authors: Eberhard Bertelsmann, Juanitta Calitz, Roger G Evans, Adam Harris, Michelle Kelly-Louw, Anneli Loubser, Elmarie de la Rey, Melanie Roestoff, Alastair Smith, Leonie Stander and Lienne Steyn
• Format: Print, hard cover
• Language: English
• ISBN: 978 1 48512 659 1
• Extent: 1034 pages
• Retail price: R1,750
  (Price incl. 15% VAT and is valid until 30 June 2019. Excludes courier delivery.)

See also: Honoré’s South African Law of Trusts

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)