Author: Francis CottancePublisher:
ISBN:
Category :
Languages : fr
Pages : 187
Book Description
De la compensation des créances dans la faillite ou la liquidation judiciaire
De la compensation des créances dans la faillite on la liquidation judicaire
Author: Francis CottanceLa faillite et la liquidation judiciaire
Author: Council of EuropePublisher: Council of Europe
ISBN: 9789287130297
Category :
Languages : fr
Pages : 100
Book Description
Internationales und Ausländisches Recht
Author: Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu BerlinPublisher:
ISBN:
Category : Berlin (Germany)
Languages : en
Pages : 1046
Book Description
Recueil Des Traités
Author: The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision
Author: Başak BaşoğluPublisher: Springer
ISBN: 331927256X
Category : Law
Languages : en
Pages : 340
Book Description
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
La Revue du notariat
Author: Creditor Rights and the Public Interest
Author: Janis Pearl SarraPublisher:
ISBN: 9780802087546
Category : Law
Languages : en
Pages : 352
Book Description
Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
Recueil Des Cours, Collected Courses, 1971
Author: Academie De Droit International De La HaPublisher: Martinus Nijhoff Publishers
ISBN: 9789028600928
Category : Law
Languages : fr
Pages : 564
Book Description
Annual Review of Insolvency Law
Author: Janis P. SarraPublisher: Carswell Legal Publications
ISBN: 9780779814725
Category : Law
Languages : en
Pages : 756
Book Description