Cross-border insolvency law primarily deals with situations where an insolvency procedure is initiated in one jurisdiction, in relation the property of a debtor who is situated in another jurisdiction. 1 The law of insolvency on the one hand, and the conflict of laws on the other, (Private International law) must be considered. A question which is increasingly imposed is whether an order made by a foreign court, appointing a foreign representative, will be recognised by a court in South Africa and what steps must be taken by the foreign representative to deal with assets of the debtor in South Africa.
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