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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Company law
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The Framework of Corporate Insolvency Law (Hardcover)
Loot Price: R4,102
Discovery Miles 41 020
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The Framework of Corporate Insolvency Law (Hardcover)
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This book provides a critical examination of modern English
corporate insolvency law, in particular the procedures under the
Insolvency Act 1986, from both conceptual and functional points of
view. It focuses throughout on identifying a rational explanation
for the form that the rules and institutions of the modern law take
or, where there is no such rational explanation, the history which
has resulted in the present position. A central theme of the book
is that the nature and fundamental purpose of insolvency
proceedings themselves dictate many of the features of English
insolvency proceedings. For example, collective execution on behalf
of creditors necessitates definition of the insolvent estate and
the provision of rules concerning provable debts and transaction
avoidance. Many key features of the insolvency procedures are
therefore essentially matters of practicality rather than
principle, albeit practicalities applied justly and fairly. The
book covers the nature and purpose of insolvency law; the
procedures; the administration, supervision and regulation of
insolvency proceedings; the insolvent estate and transaction
avoidance; investigation and wrongdoing by directors; phoenixism
and pre-packing; distribution of the insolvent estate; and, lastly,
cross-border insolvency. It examines the various principles of
insolvency law in the context of practice, drawing upon historical
perspectives where appropriate. By explaining how the law takes the
form that it does, the book promotes an understanding of the
present law and institutions as a whole, and shows how this
understanding might inform future developments.
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