The Framework of Corporate Insolvency Law



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OUP Oxford


Paru le : 2017-06-15



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Description
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.
Pages
304 pages
Collection
n.c
Parution
2017-06-15
Marque
OUP Oxford
EAN papier
9780192527738
EAN PDF
9780192527738

Informations sur l'ebook
Nombre pages copiables
0
Nombre pages imprimables
0
Taille du fichier
13588 Ko
Prix
119,32 €

Hamish Anderson is a consultant (formerly a partner) in the Banking Department at Norton Rose Fulbright LLP. His extensive experience covers a range of sectors and both UK and cross-border insolvencies. In addition to representing practitioners, banks, and other creditors, he has also acted for and advised governments and regulators. Hamish has also published extensively and is an Honorary Professor at Nottingham Trent University. He holds an honorary doctorate from Kingston University in recognition of his contribution to the development of insolvency law.

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