Balancing the Protection of Business and Employment in Insolvency

Jennifer L. L. Gant (Autor)

Buch | Hardcover

250 Seiten

2017
Eleven International Publishing (Verlag)
978-94-6236-755-5 (ISBN)

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Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy. Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection.This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems. This approach is useful as a background to future reform efforts as it explains how particular jurisdictions might receive and then implement such reforms given the underlying aims of business rescue and employment protection policies.

Dr Jennifer L L Gant is a lecturer in undergraduate contract law, commercial law, jurisprudence, and post-graduate programmes in insolvency law. She is a non-practicing employment solicitor in England and Wales and holds a BA in Italian Medieval and Renaissance Literature, as well as an LLB, MBA, LLM and a PhD in Insolvency and Employment Law. Her research interests include insolvency and corporate rescue, social policy, economics, employment and labour law, legal history, legal theory, and contract, corporate and commercial law.

1 A Path Dependent Comparative Historical Analysis of Employment Protection and Corporate Rescue in the United Kingdom and France; 2 The Path to Labour Regulation and Corporate Insolvency Law - A Journey through Early Foundational Historical Experience; 3 Proletarianisation, Industrialisation, and the Emergence of Labour Regulation in France and Britain; 4 Historical Perspectives on Debt, Credit, and Insolvency - An Examination of Financial Evolution; 5 Acquired Rights and the Insolvency Exception - EU Social Policy Evolution and Influence; 6 Conflict and Resolution - Path Dependent Influences on the Evolution of Acquired Rights in Corporate Rescue in the UK and France; 7 Conclusion

Erscheinungsdatum	03.02.2018
Reihe/Serie	European and International Insolvency Law Studies (EIILS) ; 4
Verlagsort	Utrecht
Sprache	englisch
Maße	367 x 246 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Wirtschaftsrecht ► Bank- und Kapitalmarktrecht
	Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht
	Betriebswirtschaft / Management ► Spezielle Betriebswirtschaftslehre ► Bankbetriebslehre
ISBN-10	94-6236-755-8 / 9462367558
ISBN-13	978-94-6236-755-5 / 9789462367555
Zustand	Neuware