000 02916cam a2200229 i 4500
999 _c299879
_d299879
005 20220519132438.0
008 170118s2017 enk 000 0 eng
020 _a9780198805311 (hbk.)
041 _aeng
082 _a347.736
_bAND
100 1 _aAnderson, Hamish
_9980
245 1 4 _aThe framework of corporate insolvency law
260 _aN.Y.
_bOxford University Press
_c2017
300 _axli, 304 p.
505 0 _aIntroduction -- Function and objectives of insolvency law -- The concept of insolvency proceedings -- The meaning of insolvency -- Sources of English corporate insolvency law -- English corporate insolvency proceedings -- Liquidation -- Administration -- Company voluntary arrangements -- Creditors' rights as a class remedy -- Office-holders -- Jurisdiction of the court -- Regulation of insolvency practice -- The insolvent estate -- Transaction avoidance -- Investigation -- Wrongdoing by directors and others -- Phoenixism and pre-packing -- Distribution of the estate -- Expenses -- Ranking of claims, Pari Passu distribution, and contracting out -- Cross-border insolvency.
520 8 _aThis 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 --
650 0 _aBankruptcy
_92212
650 0 _aBankruptcy
_92212
650 0 _aCorporation law
_9689
650 0 _aCorporation law
_9689
942 _cREF