Challenging the conventional view of insolvency law as a purely technical body of rules governing the resolution of business failure, this book demonstrates that insolvency law can only be fully understood through its interactions with the wider legal system. Interpreting insolvency as a unique legal framework through which competing rights, institutions and public interests are brought together, expert contributors deliver a fresh perspective to this dynamic field.
Presenting a groundbreaking and systematic cross-disciplinary study of insolvency law’s interaction with other legal areas, leading scholars combine doctrinal analysis with broader conceptual and policy viewpoints. Each chapter represents a collaboration between an insolvency specialist and a researcher from the corresponding discipline, providing a coherent and integrated framework for understanding the field within its wider legal context. Chapters examine contemporary challenges including corporate rescue, sustainability, consumer protection and European harmonisation. The result is an erudite evaluation of how other legal disciplines shape insolvency doctrine and practice, and how insolvency law, in turn, influences their development.
This book is an essential resource for academic researchers and scholars in insolvency law, as well as neighbouring fields including commercial, company, contract, property, trust, employment and consumer law. It will benefit insolvency lawyers and practitioners, barristers, judges, policymakers, legislators and regulators.
