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Persistent link: https://www.econbiz.de/10012988402
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
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
-liquidation insolvency proceedings, usually referred to as reorganization. Using the ECJ case law on the Directive, I conclude that although … capital do not present an insurmountable hurdle to the adoption of rational corporate insolvency law. As a side note, I also … unnecessary administrative burden on reorganizing European companies. -- bankruptcy ; insolvency ; reorganization ; registered …
Persistent link: https://www.econbiz.de/10003804575
The analysis of business associations largely has been limited to corporations. Yet unincorporated firms, including general and limited partnerships and limited liability companies, comprise about a third of the firms in the US, and even larger percentages elsewhere in the world. The Rise of the...
Persistent link: https://www.econbiz.de/10013156699
where insolvency is impending according to the current uneven company-law framework and the harmonizing provisions drafted … directors' creditor-regarding duties where the business is nearing insolvency. Whilst they may theoretically constitute an … by enhanced directors' duties in the vicinity of insolvency. On the contrary, far from duplicating the remedies available …
Persistent link: https://www.econbiz.de/10012901467
A version of this paper appears in [2007] Singapore Journal of Legal Studies (July). What is the appropriate way of theorising about corporate bankruptcy law? That lies, argues this paper, in rejecting Pareto and Kaldor-Hicks efficiency in favour of a particular conception of transaction cost...
Persistent link: https://www.econbiz.de/10014054443
In the last dozen years, economists have produced a considerable body of research suggesting that the historical origin of a country’s laws is highly correlated with a broad range of its legal rules and regulations, as well as with economic outcomes. Much of this research has dealt with rules...
Persistent link: https://www.econbiz.de/10014025558