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precisely the ones that do not volunteer to implement them. In theory, the conventional approach assumes that these firms will …
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This paper is the first chapter of the third edition of The Anatomy of Corporate Law: A Comparative and Functional Approach, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda Mariana Pargendler, Georg Ringe, and Edward Rock...
Persistent link: https://www.econbiz.de/10011674057
This essay surveys important contributions to the economics of bankruptcy. It is an introductory chapter for a forthcoming volume (from Edward Elgar Press) that compiles the work of legal scholars as well as economists working in the field of corporate finance. The essay begins with the...
Persistent link: https://www.econbiz.de/10013008997
It is well understood that the equity of an insolvent firm can trade for a positive price so long as there is some positive probability that the firm will become solvent at some future point. Currently, however, this insight exists in the case law in an informal sense, while its use in the...
Persistent link: https://www.econbiz.de/10012854945
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This essay presents my educational philosophy for the teaching of business associations, corporate governance, energy, entrepreneurship, ethics, finance and capital markets, law, leadership, management, securities law, strategy, and venture capital. Any treatment of this topic can easily span...
Persistent link: https://www.econbiz.de/10013212434
about the design of debt contracts. The results derive from the premise that firms must avoid legal insolvency when issuing … new debt because insolvency at issuance would trigger severe operational limitations on the issuer. I first show that … legal insolvency limits debt capacity, limiting the amount of money that a firm can raise with debt. I next show that legal …
Persistent link: https://www.econbiz.de/10012852105
"Legal valuation" - the resolution of disputes over the value of legal entitlements - is an inevitable aspect of any legal system. Across time and place and doctrinal boundaries, the problem is the same: each side seeks to have a self-servingly high or low figure assigned to the entitlement in...
Persistent link: https://www.econbiz.de/10014050912
problematic. In economic theory, efficiency is spelled out in terms of individual preference satisfaction, which is an inadequate …
Persistent link: https://www.econbiz.de/10014188362