Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Bankruptcy & insolvency law
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A Global View of Business Insolvency Systems (Paperback, New)
Loot Price: R934
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A Global View of Business Insolvency Systems (Paperback, New)
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The recent crises underscore the need for modern, sophisticated
systems to govern the resolution of business distress, in order to
maximize value in the distressed estate and to protect economic
institutions. This work analyses how legal systems around the world
respond to the general default of business debtors. Inspired by the
approach enshrined in the World Bank's Principles for Effective
Insolvency and Creditor Rights Systems, it emphasizes the close
inter-relationship among various elements of an insolvency regime,
examining them not so much as sets of discrete rules as system-wide
attempts to reconcile competing policy goals. It posits that any
insolvency law pursues the goals of transparency, predictability,
and efficiency, while at the same time seeking to address issues of
fairness and social justice. Within this framework, the authors
examine the principal international approaches to pre-distress debt
collection and security enforcement; liquidation and reorganization
of distressed businesses; out-of-court workouts; the institutions
entrusted with the conduct of such proceedings, including courts,
official administrators, and private trustees; the position of the
employees of distressed businesses; and cross-border insolvency.
Without being prescriptive, the authors set out the costs and
benefits of settling the myriad policy questions in these domains
one way or another. This book would be of interest to legal and
international policy-makers, academics and advanced students,
courts and practitioners dealing with domestic and cross-border
insolvency, and anyone seeking to understand or reform insolvency
systems.
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