THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM

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TAJARLOU R.

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Journal: PRIVATE LAW STUDIES Year:2010 | Volume:40 | Issue:2 Page(s): 239-257

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Information Journal Paper

Title

THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM

Author(s)

TAJARLOU R. | Issue Writer Certificate

Keywords

THE PHILOSOPHY OF CORPORATE INSOLVENCYQ3

THE ECONOMIC APPROACHQ3

THE TRADITIONAL APPROACHQ3

CREDITORS'-RIGHTQ3

PUBLIC INTERESTSQ3

Abstract

In this paper the debates about THE PHILOSOPHY OF CORPORATE INSOLVENCY law by American and English commentators is examined. It is argued that THE ECONOMIC APPROACH, which supports the only creditors' right, and traditional approach, which supports different interests, are two main ideas that have been discussed by American and English scholars. It seems the official reports in D.S more or less represent the dominance of traditional approach and the reports in England nearly represent THE ECONOMIC APPROACH. In conclusion, it is argued that the supporting of creditors' right and the supporting of the concept of capital could benefits PUBLIC INTERESTS as well. And this approach could be in line with the rehabilitation and rescue process if it maximises the company's assets.

Cites

CRIMINAL RESPONSIBILITY FOR LEGAL PERSONS IN SETTLEMENT PERIOD

References

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APA: Copy

TAJARLOU, R.. (2010). THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM. PRIVATE LAW STUDIES, 40(2), 239-257. SID. https://sid.ir/paper/124872/en

Vancouver: Copy

TAJARLOU R.. THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM. PRIVATE LAW STUDIES[Internet]. 2010;40(2):239-257. Available from: https://sid.ir/paper/124872/en

IEEE: Copy

R. TAJARLOU, “THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM,” PRIVATE LAW STUDIES, vol. 40, no. 2, pp. 239–257, 2010, [Online]. Available: https://sid.ir/paper/124872/en

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