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Creditor Protection in Private Companies
Anglo-German Perspectives for a European Legal Discourse

$154.99 (C)

Part of International Corporate Law and Financial Market Regulation

  • Date Published: April 2009
  • availability: In stock
  • format: Hardback
  • isbn: 9780521895385

$154.99 (C)
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About the Authors
  • 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.

    • The English language's first treatment of this aspect of German law
    • Written by an expert with hands-on experience of EU law-making
    • Offers a fresh perspective on a debate where the traditional focus has been restricted to company law
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    Product details

    • Date Published: April 2009
    • format: Hardback
    • isbn: 9780521895385
    • length: 352 pages
    • dimensions: 235 x 155 x 20 mm
    • weight: 0.68kg
    • availability: In stock
  • Table of Contents

    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.

  • Author

    Thomas Bachner, Universität Wien, Austria
    Thomas Bachner is Assistant Professor at the Vienna University of Economics and Business Administration.

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