Hockly's insolvency law : book review
Date
2003-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta and Company
Abstract
Insolvency has long been treated as the stepchild of commercial
legislation. The current Insolvency Act stems from 1936. There are only a
few (current) text books on the topic. The book under review is the
seventh edition. The previous edition appeared in 1996.
The structure of this edition does not differ from previous editions. The
layout of the various chapters is logical although one could ask whether
the chapters dealing with the appointment of the trustee as well as the
meetings of the creditors should not precede the effects of sequestration.
This would aid sequential logic, since the chapter would follow on the
sequestration of the insolvent's estate. The chapters dealing with
voluntary and compulsory sequestration are again well set out and the
case law discussed is current. The discussion of ``friendly sequestrations''
(38-40) is thorough and very welcome since it is practically very relevant.
A chapter on cross-border insolvency has been included in this edition as
chapter 26 (from 249). This is a welcome addition. The chapter on cross-
border insolvency provides a very brief overview of the South African
common law pertaining to this subject. It also summarises the Cross-
Border Insolvency Act 42 of 2000. The topic is, however, not really
discussed, probably due to the fact that this area of insolvency law in
South Africa is still in an embryonic stage. One wonders, however,
whether the discussion could not have been included in chapter 5, which
deals with the vesting of the assets of the insolvent. It does, however,
make sense to have it included as a separate chapter since cross-border
insolvency deals with more issues than the mere vesting of the assets of
the insolvent.
Description
CITATION: Stevens, R. 2003. Hockly's insolvency law: book review. Stellenbosch Law Review 14(3):451-452.
The original publication is available at https://journals.co.za/content/journal/jlc_slr
The original publication is available at https://journals.co.za/content/journal/jlc_slr
Keywords
Book Review, Hockly, Insolvency Law -- Insolvency Act, Private Law
Citation
Stevens, R. 2003. Hockly's insolvency law: book review. Stellenbosch Law Review 14(3):451-452.