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Corporate Insolvency Law: Theory and Application

Mokal, RJ; (2010) Corporate Insolvency Law: Theory and Application.

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© Rizwaan Jameel Mokal, 2005. All rights reserved. This book analyses corporate insolvency law as a coherent whole, stemming from common fundamental principles and amenable to being justified or criticized on that basis. The book explains why consistency of principle must be sought, and how it might be found in the relevant statutory and case law. It then draws on political and legal philosophy to construct an egalitarian theory for the analysis of corporate insolvency law based on the premise that all the parties affected by this law are to be treated as equals. The book argues that this theory can reconcile the dictates of fairness with the demands of economic efficiency. The theory is employed to analyze some of the most important aspects of insolvency law. Why should the individualistic method of enforcing claims against solvent companies give way to a collective method during insolvency? Why are there different formal mechanisms for dealing with troubled companies? What role does the pari passu principle play in the distribution of an insolvent company's assets? The controversial issues of whether and when secured creditors should be accorded priority over others receives detailed consideration. The functional role of the floating charge and its relationship with receivership are also analyzed in this context. The many questions relating to the operation of the new administration procedure introduced by the Enterprise Act 2002 are considered in the light of principle. The book also analyzes the role of the wrongful trading provisions. It examines, finally, why insolvency law objects to certain transactions at an undervalue and those having a preferential effect.

Type: Book
Title: Corporate Insolvency Law: Theory and Application
ISBN-13: 9780191718397
DOI: 10.1093/acprof:oso/9780199264872.001.0001
URI: http://discovery.ucl.ac.uk/id/eprint/11950
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