Guest Editors:Jason Chuah and Michelle Kelly-Louw
A THEMATIC EVALUATION OF THE LAW’S RESPONSE TO ACCESS TO CREDIT AND DEBTOR FINANCIAL RELIEF
Keywords:abusive lending; financial inclusion; insolvency reorganisation and restructuring; legal pragmatism; personal insolvency; small and micro enterprises
SOUTH AFRICAN MICRO-, SMALL- AND MEDIUM-SIZED ENTERPRISES (MSMEs): CHALLENGES IN ACCESSING MICROCREDIT AND THE NEED FOR MICROCREDIT LEGISLATION
Keywords:microcredit; microfinance; micro-, small- and medium-sized enterprises; challenges; access; credit; legislation
Francesca Burigo, David C Ehmke and Eugenio Vaccari
MSMEs IN DISTRESS: REGULATORY COSTS AND EFFICIENCY CONSIDERATIONS IN THE IMPLEMENTATION OF PREVENTIVE RESTRUCTURING MECHANISMS: AN ANGLO-GERMAN-ITALIAN PERSPECTIVE
Keywords:insolvency law; restructuring; Part 26A restructuring plans; Stabilization and Restructuring Framework for Businesses; Insolvency Code of Germany; Italian Insolvency Code; insolvency plan; director’s liability; minor enterprises; modular approach; MSMEs
THE PRINCIPLE OF HARDSHIP: A PRIVATE–PUBLIC PARTNERSHIP TO OBTAINING CREDIT AND MANAGING DEBT
Keywords:Australian Energy Regulator; Australian Communications and Media Authority; Australian Financial Complaints Authority; Australian Securities and Investments Commission; consumer credit; Energy and Water Ombudsman; financial hardship; Telecommunications Industry Ombudsman
Jason J Kilborn
(NOT) FOLLOWING THE LEADER IN THE NEWEST PERSONAL INSOLVENCY LAWS IN UZBEKISTAN AND KAZAKHSTAN
Keywords:personal bankruptcy; personal insolvency; small business bankruptcy; post-Soviet law; post-COVID-19 recovery; formalism; no-asset debtors; best practices; mandatory settlement negotiation
Angus Young and Meihui Zhang
REGULATING SUBPRIME LENDING IN HONG KONG AND THE NEED FOR LAW REFORM TO BETTER PROTECT VULNERABLE CONSUMERS
Keywords:moneylending legislation in Hong Kong; regulatory policies and institution in the UK; regulation of moneylending in Singapore; transparency in credit agreements; measures to protect vulnerable consumers
Shammah G Boterere and André Boraine
“MUCH ADO ABOUT NOTHING”? THE HISTORICAL JOURNEY TOWARDS FINANCIAL INCLUSION FOR ZIMBABWE’S LOW-EARNING CONSUMERS
Keywords:advantage to creditors; debt relief measures; discharge of debts; financial literacy; Insolvency Act of Zimbabwe; insolvency law reform; No-Income-No Asset (NINA) debtors; pre-liquidation composition; rehabilitation
Claudia Lima Marques and Káren Rick Danilevicz Bertoncello
CONSUMER CREDIT AND OVER-INDEBTEDNESS IN BRAZIL: THE RESPONSE OF THE 2021 REFORM OF THE 1990 BRAZILIAN CONSUMER CODE
Keywords:Brazilian Consumer Protection and Defence Code; over-indebtedness; responsible credit; consumer bankruptcy management; credit provision transparency
Dan WEI and Zhe MA
TOWARDS A CHINESE APPROACH OF PERSONAL BANKRUPTCY DISCHARGE: FROM SHENZHEN EXPERIENCE TO NATIONAL LEGISLATION
Keywords:personal bankruptcy; discharge of residual debts; period of pending investigation; exceptions to discharge; Regulation of Shenzhen Special Economic Zone on Personal Bankruptcy
WHAT’S THE POINT? RESOLVING THE CONUNDRUM OF SECOND CHAMBERS
Keywords:bicameralism; federalism; House of Lords; legislatures; representation; second chambers; UK Parliament
Wang Chao and Xiang Xin
THE APPLICATION OF INTERNATIONAL TREATIES IN MACAO: AN HISTORICAL AND COMPARATIVE STUDY
Keywords:domestication of treaties; dualism; incorporation of treaties; human rights covenants; Macao Basic Law; monism; status of treaties in municipal law
Vernon Valentine Palmer
THE SANCTITY OF PROMISES IN A CAPITAL OF FORCE MAJEURE: HURRICANES, PANDEMICS, AND THE DOCTRINE OF IMPOSSIBILITY UNDER LOUISIANA LAW
Keywords:Force majeure; impossibility of performance; frustration of purpose; impracticability; fortuitous event; imprévision; rebus sic stantibus;
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