Bibliographie sélective OHADA

Abstract : Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

Chapter 6 of the companies Act has attempted to resolve problems created by the ineffectiveness of judicial management which has failed to provide suitable alternative to the liquidation. The process of business rescue proceedings has made some impact on the liability of sureties in so far as it relates to creditors. Moratorium has been imposed once the business rescue proceedings commences and therefore the principal debtors are protected against any legal action unless the court or business rescue practitioner has consented thereto. The question is what is the impact of the business rescue proceedings on the rights of creditors against the sureties of the company under business rescue proceedings and what is the judicial position in so far as it relates to liabilities of sureties during business rescue proceedings, finally what is the position of comparative law in respect of other foreign Jurisprudence terms of business rescue proceedings and the liability of sureties. The South African Companies Act does not regulate the situation of creditor’s rights against sureties of a financially distressed Company. In terms of American law, the situation is different. Creditor’s rights against non-debtors (including sureties) is regulated by Bankruptcy Codes. In terms of bankruptcy codes, the discharge of a debtor does not affect the liability of the nondebtors or other entities. There are divergent views in terms of South African Court decisions in respect of liability of sureties. Some Judges believe that the commencement of business rescue proceedings does not affect the liability of sureties and others are of the view that the beginning of business rescue proceedings releases sureties from their obligations towards creditors unless business rescue plan or deed of suretyship provides otherwise. It is therefore recommended that our legislature introduces some new sections into the companies act. One Section should be similar to section 524(e) of the bankruptcy codes which expressly states that a discharge granted to the principal debtor does not affect the liability of sureties towards creditors. Another section should be similar to section 105(a), which provide courts with powers to make any order to realize the objectives of the companies act. This to avoid conflicting courts decisions on this issue.

Please refer to full text to view abstract <br>LL.M. (International Commercial Law)

No abstract available.

Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

Abstract : Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

Please refer to full text to view abstract. <br>LL.M. (Commercial Law)

No abstract available.

With trade taking place continuously on a daily basis, its often-reported success gives the impression that all participants involved are to a certain extent somewhat successful too. This dissertation draws attention to the discrepancies that have often gone unnoticed throughout the decades and the effects that have arisen as a result. South Africa’s (SA) and the United States of America’s (US) trade relationship through the African Growth and Opportunity Act (AGOA) is the focus of this study, with this relationship being analysed from as far back as history has been recorded to the modern day. Least developed countries (LDCs) are an integral part of this study because most trade-related activities involve them, and they contain most of the world’s natural resources, but most importantly they also make up a large portion of the world’s population. It's baffling to see that where these factors are present, there's also inequality. Seemingly, there are efforts that deal specifically with the challenges faced by developing countries, but what is concerning is these solutions are formulated by developed countries which created them and continue to perpetuate them. The approach adopted was mostly that of contrasting events that have involved trade over the decades and a discussion of how these events have shaped international, political and trade relations, that is, the existing status quo. Examples include the two World Wars; oppressive regimes such as apartheid; and the formation of global institutions ranging from the International Trade Organization (ITO) to the General Agreement on Tariffs and Trade (GATT), and the World Trade Organization (WTO). The first three chapters contain an introduction, a background focus on development and the history of relations between South Africa and the United States of America. The last two chapters contain a discussion on AGOA as well as findings and recommendations that can be implemented to assist with this issue. What this dissertation was aiming to establish was the perpetual involvement of developed countries in the affairs of developing countries. This is illustrated through the renegotiation of the AGOA in 2015, where SA had to accept ultimatums set for it by the US. This dissertation further shows that such tactics are nothing new when the US is involved, as is evidenced by its involvement in major global events that have shaped the course of history. This approach is not only harmful but also stagnates development, as developing countries must adhere to agreements that sometimes are not to their benefit. The findings indicate a contradictory pattern: when solutions to challenges faced by developing countries are presented, they translate instead into a further stronghold over developing countries because of past atrocities such as colonisation and apartheid. What appears throughout the dissertation are the ever-present structures that are intended to perform functions supposed to be for the improved good of developing countries, but which result in those countries facing never-ending challenges, some of which are self-inflicted through alliances such as the AGOA with developed countries.