The transfer of undertakings with specific reference to the transfer of insolvent undertakings - an evolution of the South African law

SUNScholar Research Repository

Show simple item record

dc.contributor.advisor Stevens, Richard
dc.contributor.author Spree, Wolfgang en_ZA
dc.contributor.other University of Stellenbosch. Faculty of Law. Dept. of Mercantile Law.
dc.date.accessioned 2007-11-23T07:22:08Z en_ZA
dc.date.accessioned 2010-06-01T08:44:21Z
dc.date.available 2007-11-23T07:22:08Z en_ZA
dc.date.issued 2007-03
dc.identifier.uri http://hdl.handle.net/10019.1/2248
dc.description Thesis (LLM (Mercantile Law))--University of Stellenbosch, 2007.
dc.description.abstract The freedom to transfer an undertaking is part of the employer’s freedom of contract. The transferee of an undertaking under the common law has the right to choose whether he wants to contract with employees or not. By the implementation of section 197 of the Labour Relations Act (1995) and the amended sections 197, 197A of the Labour Relations Act (2002) the legislator provides for an automatic transfer in cases where the undertaking is transferred as a going concern. The former accordance with the regulations of the insolvency law and the fact that sequestration or the winding-up of an insolvent undertaking had to be to the advantage of the creditors was lost after the legislative steps of 1995. The effects of the above-mentioned sections and especially the problems regarding the transfer of insolvent undertakings shall be analysed in this thesis. It is the aim of this thesis to examine how sections 197, 197A of the Labour Relations Act and section 38 of the Insolvency Act should be applied and interpreted to achieve social justice. This makes it necessary to examine the history and development of the South African law of transfer of an insolvent undertaking too. Section 197 of the Labour Relations Act is mostly based on European law. Although it is not the intention of this thesis to compare the European law with the South African law, several South African aspects will be examined from a European and especially German perspective. en_ZA
dc.format.extent 994665 bytes en_ZA
dc.format.mimetype application/pdf en_ZA
dc.language.iso en en_ZA
dc.publisher Stellenbosch : University of Stellenbosch
dc.subject Theses -- Law en_ZA
dc.subject Dissertations -- Law en_ZA
dc.subject.lcsh Bankruptcy -- South Africa en_ZA
dc.subject.lcsh Labor laws and legislation -- South Africa en_ZA
dc.subject.lcsh Consolidation and merger of corporations -- South Africa en_ZA
dc.subject.other Mercantile Law en_ZA
dc.title The transfer of undertakings with specific reference to the transfer of insolvent undertakings - an evolution of the South African law en_ZA
dc.type Thesis en_ZA
dc.rights.holder University of Stellenbosch


Files in this item

This item appears in the following Collection(s)

Show simple item record