Creditor Protection in Private Companies
Anglo-German Perspectives for a European Legal Discourse
Seiten
2009
Cambridge University Press (Verlag)
978-0-521-89538-5 (ISBN)
Cambridge University Press (Verlag)
978-0-521-89538-5 (ISBN)
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. This book investigates the mechanisms found in English and German law that are designed to protect creditors from such risks.
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.
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.
Thomas Bachner is Assistant Professor at the Vienna University of Economics and Business Administration.
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.
| Reihe/Serie | International Corporate Law and Financial Market Regulation |
|---|---|
| Verlagsort | Cambridge |
| Sprache | englisch |
| Maße | 155 x 235 mm |
| Gewicht | 680 g |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Recht / Steuern ► EU / Internationales Recht | |
| ISBN-10 | 0-521-89538-3 / 0521895383 |
| ISBN-13 | 978-0-521-89538-5 / 9780521895385 |
| Zustand | Neuware |
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