Acta Universitatis Danubius. Juridica, Vol 15, No 2 (2019)

Abstract

The article discusses the advantage to creditors’ requirement in voluntary surrender, friendly and compulsory sequestration in South Africa. This is done to, inter alia, examine the meaning and application of the advantage to creditors’ requirement in sequestration proceedings in South Africa. It is also done to comparatively discuss the burden of proof and the court’s discretion in relation to the advantage to creditors’ requirement in voluntary surrender, friendly and compulsory sequestration proceedings. To this end, the article provides an overview analysis of the meaning and interpretation of the advantage to creditors’ requirement, the burden of proof and the possible differences in the application of this requirement in the relevant sequestration proceedings. Accordingly, the article provides a discussion of the possible challenges and the court’s discretion in the adjudication and application of the advantage to creditors’ requirement in all sequestration proceedings in South Africa.

Keywords: Voluntary surrender; compulsory sequestration, friendly sequestration, advantage to creditors; court’s discretion