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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Corporate Insolvency Law: Theory and Application

ISBN13: 9780199264872
ISBN: 0199264872
Published: March 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £100.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This volume analyses corporate insolvency law as a coherent whole, stemming from common fundamental principles and amenable to being justified or criticised on that basis. The author explains why consistency of principle must be sought and how it might be found in the relevant statutory and case law.

He then constructs an egalitarian theory for the analysis of corporate insolvency law, based on the premise that all the parties affected by this law are to be treated as equals. He argues that this theory can reconcile the dictates of fairness with the demands of economic efficiency.

The many questions relating to the operation of the new administration procedure introduced by the Enterprise Act 2002 are considered in the light of principle. The book also analyses the role of the wrongful trading provisions. It examines, finally, why insolvency law objects to certain transactions at an undervalue and those having a preferential effect.

Insolvency Law
1. Introduction -- Consistency of Principle in Corporate Insolvency
2. The Creditors' Bargain and the Collectivity of the Liquidation Regime
3. The Authentic Consent Model -- Justifying the Collective Liquidation Regime
4. The Pari Passu Principle and its Relationship with Other Methods Of Insolvency Distribution
5. The Priority of Secured Credit
6. The Impact of Liquidation on Pre-Insolvency Transactions
7. 'Rescue' Regimes
8. The Position of Directors
9. Conclusion
Selected Bibliography