Creditor Protection in Private Companies
Anglo-German Perspectives for a European Legal Discourse
1st Edition
Published on 7. May 2009
978-0-511-51275-9 (ISBN)
Description
Limited liability companies form the backbone of our modern economy. However, there is a persistent danger of moral hazard on the part of directors and shareholders, particularly in closely held or private companies. Like all developed legal systems, English and German law both provide mechanisms designed to protect creditors from such risks. This book investigates some of these mechanisms, including the avoidance of pre-insolvency acts, capital maintenance and creditor-regarding duties of directors. By analysing the different conceptual and doctrinal perspectives inherent in the English and German systems, this book seeks to advance a discourse between audiences with different legal backgrounds. It will be an invaluable guide for those wishing to understand how the protective mechanisms operate and interact with each other, and how they do so in quite different ways in the two jurisdictions.
More details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Publishing group
Cambridge University Press
Target group
Professional and scholarly
Illustrations
Worked examples or Exercises
File size
15,11 MB
ISBN-13
978-0-511-51275-9 (9780511512759)
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Schweitzer Classification
Other editions
Additional editions
Thomas Bachner
Creditor Protection in Private Companies
Anglo-German Perspectives for a European Legal Discourse
Book
04/2009
Cambridge University Press
€140.50
Shipment within 15-20 days
Person
Thomas Bachner is Assistant Professor at the Vienna University of Economics and Business Administration.
Content
1. Introduction; 2. Avoidance of acts that are detrimental to creditors; 3. Capital maintenance and unlawful distributions; 4. Directors' liability for contraventions of capital maintenance rules; 5. Directors' liability for conduct in the vicinity of insolvency; Conclusions.
