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The Anatomy of Corporate Insolvency Law

Edited by: Reinhard Bork, Renato Mangano

ISBN13: 9780198852094
To be Published: May 2024
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00
Paperback edition not yet published, ISBN13 9780198852100



The Anatomy of Corporate Insolvency Law dissects corporate insolvency law into its constituent elements, analysing them through a comparative and functional lens. Over the past forty years, corporate insolvency law has become a field of extraordinary practical relevance and increasing intellectual fascination. On the one hand, academics, policymakers, and practitioners have reoriented insolvency law in favour of rescuing distressed companies. On the other hand, this evolution has reshaped foundational categories of the legal culture, blurring (for instance) the traditional distinction between 'contract' and 'proceedings'.

The chapters in The Anatomy of Corporate Insolvency Law analyse central topics in this vibrant field and examines where it intersects with labour law and taxation law. The volume traces corporate insolvency law across key global jurisdictions, exploring how various jurisdictions might differently approach the same issues; to what extent two solutions that appear dissimilar really diverge; and vice-versa, to what extent two seemingly similar solutions might actually differ. In doing so, it facilitates cooperation and communication across jurisdictions, and explains how solutions adopted in one jurisdiction might be applicable in another.

Suitable for students, scholars, and practitioners, this new work will provide the reader with a solid framework to understand corporate law from a comparative perspective.

Subjects:
Insolvency Law
Contents:
1:What is Insolvency Law?, Renato Mangano
2:Distress, Insolvency, and the Likelihood of Insolvency, Shuguang Li
3:Debt Restructuring Outside Formal Insolvency Proceedings, Jennifer Payne
4:Formal Insolvency Proceedings, Johannes Richter
5:Security Rights and Creditors' Priority and Ranking: Realisable Priority in Rescue, Edward J. Janger
6:Transactions Avoidance Rules, Reinhard Bork
7:Directors' Duties in the Vicinity of Insolvency. Disqualification. Piercing the Veil, Renato Mangano
8:Corporate Groups in Rescue, Edward J. Janger
9:Cross-Border Insolvency Law, Reinhard Bork
10:Aspects of Tax Law, Günter Kahlert
11:Aspects of Labour Law, Laura Carballo Piñeiro