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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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The Family, Creditors, and Insolvency (Hardcover, New)
Loot Price: R6,180
Discovery Miles 61 800
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The Family, Creditors, and Insolvency (Hardcover, New)
Expected to ship within 10 - 15 working days
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This book considers the impact of insolvency and the claims of
creditors on the family. The conflict between the interests of
creditors and the interests of the family is not easy to resolve
particularly in the context of a marriage breakdown, bankruptcy, or
where claims concern the possession of the family home. This is
therefore an area of considerable practical importance and one that
raises key issues of principle. The book provides commentary on the
existing regime (covering both contentious and non-contentious
matters), and also highlights new questions and problems not
previously considered in any depth, including the enforceability of
mortgages of the family home against surety spouses, and the impact
on family members of application of orders for sale. It acts as a
guide for family and insolvency practitioners who already have an
understanding of basic procedures but need advice on the
complexities when these two areas come into conflict. The book
first examines the claims of creditors in this context with special
emphasis on the position of secured creditors. It considers the
circumstances in which a mortgage may not be binding on a spouse or
cohabitant, the enforcement of mortgages, and the position of
creditors and trustees in bankruptcy seeking an order for sale of
the family home. Bankruptcy and other methods of dealing with
insolvency are examined in the light of the Enterprise Act 2002. It
addresses the practical implications of recent legislation and
decisions on such matters as pensions, and examines the application
of established principles such as equitable accounting. Also
included are extracts from relevant statutes and the Insolvency
Rules.
General
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