Bibliographie sélective OHADA

This research paper looks at the South African common law right to lien as it currently stands as the only compensatory remedy for a construction subcontractor in the event of non-payment by the main contractor. The nature and scope of the builder’s lien in this regard will be analysed and its limitations will be highlighted. Accordingly, having critically considered a potential alternative remedy, an unjustified enrichment claim, for the subcontractor, this research paper will illustrate that there is insufficient protection for an unpaid subcontractor in our legal system. Hence, there is a need for our common law builder’s lien to be developed into a statutory builder’s lien. An analysis of foreign jurisdictions legal position, in particular Canadian law, with regard to the construction subcontractor and the right to lien as a remedy has a commendable statutory measure in place to assist a subcontractor by attempting to prevent such a financial predicament and if it nonetheless still occurs, that in the event of non-payment, the subcontractor is adequately protected. This research project proposes that our legal system should take influence from the Canadian legal system and be developed in accordance with our legal framework in order for construction subcontractors to also have sufficient and effective protection under our legal system.

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

The purpose of the Companies Act1 is, amongst others, to “provide for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders.”2 Business rescue means facilitating the rehabilitation of a financially distressed company by providing temporary supervision of the company, a temporary moratorium on legal proceedings against the company in business rescue and the development and implementation of the business rescue plan.3 As a result of the moratorium, the legal proceedings against the company may only be instituted with the consent of the business rescue practitioner or with the leave of the court.4 Thus, the moratorium is the cornerstone of business rescue as it provides a company with an opportunity to operate on a solvent basis... <br>LL.M. (Commercial Law)

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

No abstract provided.