RESCUING COMPANIES IN ENGLAND AND GERMANY by Reinhard Bork ( 9780199644216 )

Item Details

Title:

RESCUING COMPANIES IN ENGLAND AND GERMANY

By:

Reinhard Bork

Format:

Hardback

List price:

£195.00

Our price:

£170.63

Discount:

12.5% off

You save:

£24.37

ISBN 10:

0199644217

ISBN 13:

9780199644216

Availability:

Usually dispatched within 1-3 weeks.

Delivery rates

Stock:

Currently 0 available

Publisher:

OXFORD UNIVERSITY PRESS

Pub. date:

8 March, 2012

Pages:

392

Description:

The global financial crisis has driven England and Germany to evaluate their restructuring laws. As model jurisdictions for other countries, this comparison examines the advantages and disadvantages of their respective restructuring laws and offers valuable references for the solution of practical problems in Germany and England.

Synopsis:

This book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success. Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor's assets. It also tackles the legal processes and how a reorganization can be commenced. The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decision-making powers to the right persons. It considers how each regime deals with the assets involved and whether there are rules to reverse payments made during the crisis and the possibility of a set-off claim. Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions.Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.

Publication:

Imprint:

Oxford University Press

Returns:

Returnable

Some other items by this author:

ADVANCED INTRODUCTION TO CROSS-BORDER INSOLVENCY LAW

ADVANCED INTRODUCTION TO CROSS-BORDER INSOLVENCY LAW (HB)

ALLGEMEINER TEIL DES BURGERLICHEN GESETZBUCHS (HB)

COMMENTARY ON THE EUROPEAN INSOLVENCY RE (HB)

COMMENTARY ON THE EUROPEAN INSOLVENCY REGULATION (HB)

CORPORATE INSOLVENCY LAW, 2ND EDITION