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precisely the ones that do not volunteer to implement them. In theory, the conventional approach assumes that these firms will …
Persistent link: https://www.econbiz.de/10012934497
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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
"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
justification of corporate liability. Traditionally, corporate theory revolved around the dichotomy between the fictional or real … corporate liability for torts and criminal offences. More recent approaches such as the nexus of contracts theory …
Persistent link: https://www.econbiz.de/10014254629
theories about the corporation. This will result in greater pluralism, since no essentialist legal theory would become heavily … to the status of being “undiscussable preferences” and no essentialist theory is off the table before the debate begins …
Persistent link: https://www.econbiz.de/10012938680
principal-cost theory, which posits that each firm's optimal governance structure minimizes the sum of principal costs, produced …. The empirical predictions produced by principal-cost theory are more accurate than those produced by any theory focused … solely on agency costs. Principal-cost theory also suggests different policy prescriptions. Rather than banning some …
Persistent link: https://www.econbiz.de/10012972091