Reinventing Insolvency Law in Emerging Economies PDF Download

Author: Aurelio Gurrea Martínez
Publisher:
ISBN: 9781009431705
Category : Bank failures
Languages : en
Pages : 0

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Book Description
"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: Aurelio Gurrea-Martínez
Publisher: Cambridge University Press
ISBN: 1009431714
Category : Law
Languages : en
Pages : 341

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Book Description
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: Vanessa Finch
Publisher: Cambridge University Press
ISBN: 9780521626859
Category : Business & Economics
Languages : en
Pages : 662

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Book Description
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: Virginia Torrie
Publisher: University of Toronto Press
ISBN: 1487534132
Category : History
Languages : en
Pages : 317

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Book Description
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: Joseph Spooner
Publisher: Cambridge University Press
ISBN: 1107166942
Category : Business & Economics
Languages : en
Pages : 309

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Book Description
Excessive household debt has allowed for economic growth, but this model has become increasingly unstable. Spooner examines bankruptcy law as a potential solution.

Author: Dionysia Katelouzou
Publisher: Cambridge University Press
ISBN: 1108906893
Category : Law
Languages : en
Pages : 723

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Book Description
This is the first in-depth comparative and empirical analysis of shareholder stewardship, revealing the previously unknown complexities of this global movement. It highlights the role of institutional investors and other shareholders, examining how they use their formal and informal power to influence companies. The book includes an in-depth chapter on every jurisdiction which has adopted a stewardship code and an analysis of stewardship in the world's two largest economies which have yet to adopt a code. Several comparative chapters draw on the rich body of jurisdiction-specific analyses, to analyze stewardship comparatively from multiple interdisciplinary perspectives. Ultimately, this book provides a cutting-edge and comprehensive understanding of shareholder stewardship which challenges existing theories and informs many of the most important debates in comparative corporate law and governance.

Author: Peter Levaggi
Publisher: Jordan Publishing (GB)
ISBN: 9781846615474
Category : Bankruptcy
Languages : en
Pages : 0

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Book Description
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: Virginia Torrie
Publisher: University of Toronto Press
ISBN: 1487506422
Category : Business & Economics
Languages : en
Pages : 317

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Book Description
Reinventing Bankruptcy Law offers the first historical account of the CCAA, drawing on a broad array of historical sources including legislation, news sources, scholarly writing, archival materials, and more.

Author: Jennifer Payne
Publisher: Cambridge University Press
ISBN: 1108835325
Category : Law
Languages : en
Pages : 453

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Book Description
Examines schemes of arrangement, which are an invaluable tool for companies in restructuring their capital.

Author: Peter A. Hall
Publisher: Oxford University Press
ISBN: 0199247749
Category : Business & Economics
Languages : en
Pages : 557

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Book Description
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.