Reinventing Insolvency Law In Emerging Economies
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Author | : Aurelio Gurrea-Martínez |
Publisher | : Cambridge University Press |
Total Pages | : 341 |
Release | : 2024-05-31 |
Genre | : Law |
ISBN | : 1009431714 |
This book explains how and why insolvency law in emerging economies needs to be reinvented. It starts by examining the importance of insolvency law for the promotion of economic growth as well as the similarities and divergences in the design of insolvency law around the world. The central thesis of the book is that insolvency law in emerging economies fails to serve as a catalyst for growth. It is argued that this failure is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies. The book also provides a critical analysis of the design of insolvency law in many advanced economies where the insolvency system has proven to be unattractive for debtors, creditors or both. Therefore, in addition to suggesting a new insolvency framework for emerging economies, this book ultimately invites readers to rethink insolvency law.
Author | : Aurelio Gurrea Martínez |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Bank failures |
ISBN | : 9781009431743 |
"This book analyses how and why insolvency law in emerging economies needs to be reinvented. It also explores the role of insolvency law in the promotion of economic growth as well as the similarities and divergences in the design of insolvency laws around the world"--
Author | : Vanessa Finch |
Publisher | : Cambridge University Press |
Total Pages | : 662 |
Release | : 2002-09-12 |
Genre | : Business & Economics |
ISBN | : 9780521626859 |
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
Author | : Joseph Spooner |
Publisher | : Cambridge University Press |
Total Pages | : 309 |
Release | : 2019-04-11 |
Genre | : Business & Economics |
ISBN | : 1107166942 |
Excessive household debt has allowed for economic growth, but this model has become increasingly unstable. Spooner examines bankruptcy law as a potential solution.
Author | : Virginia Torrie |
Publisher | : University of Toronto Press |
Total Pages | : 317 |
Release | : 2020-05-26 |
Genre | : History |
ISBN | : 1487534132 |
Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.
Author | : Gerard McCormack |
Publisher | : Cambridge University Press |
Total Pages | : 446 |
Release | : 2004-06-14 |
Genre | : Business & Economics |
ISBN | : 9780521826709 |
McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.
Author | : Peter Levaggi |
Publisher | : Jordan Publishing (GB) |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Bankruptcy |
ISBN | : 9781846615474 |
This is a comprehensive guide to the law relating to property and insolvency, as well as related areas such as bankruptcy and trustee sales.
Author | : Douglas G. Baird |
Publisher | : Cambridge University Press |
Total Pages | : 203 |
Release | : 2022-05-26 |
Genre | : Law |
ISBN | : 1316512290 |
Reveals the unwritten and hitherto inaccessible principles that govern the restructuring of large corporations in Chapter 11.
Author | : Jennifer Payne |
Publisher | : Cambridge University Press |
Total Pages | : 453 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108835325 |
Examines schemes of arrangement, which are an invaluable tool for companies in restructuring their capital.
Author | : Peter A. Hall |
Publisher | : Oxford University Press |
Total Pages | : 557 |
Release | : 2001 |
Genre | : Business & Economics |
ISBN | : 0199247749 |
Applying the new economics of organisation and relational theories of the firm to the problem of understanding cross-national variation in the political economy, this volume elaborates a new understanding of the institutional differences that characterise the 'varieties of capitalism' worldwide.