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Paper Information

Journal:   PRIVATE LAW STUDIES   SUMMER 2010 , Volume 40 , Number 2; Page(s) 239 To 257.
 
Paper: 

THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM

 
 
Author(s):  TAJARLOU R.*
 
* PUBLIC LAW DEPARTMENT, UNIVERSITY OF TEHRAN
 
Abstract: 

In this paper the debates about the philosophy of corporate insolvency law by American and English commentators is examined. It is argued that the economic approach, which supports the only creditors' right, and traditional approach, which supports different interests, are two main ideas that have been discussed by American and English scholars. It seems the official reports in D.S more or less represent the dominance of traditional approach and the reports in England nearly represent the economic approach. In conclusion, it is argued that the supporting of creditors' right and the supporting of the concept of capital could benefits public interests as well. And this approach could be in line with the rehabilitation and rescue process if it maximises the company's assets.

 
Keyword(s): THE PHILOSOPHY OF CORPORATE INSOLVENCY, THE ECONOMIC APPROACH, THE TRADITIONAL APPROACH, CREDITORS'-RIGHT, PUBLIC INTERESTS
 
 
References: 
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Citations: 
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+ Click to Cite.
APA: Copy

TAJARLOU, R. (2010). THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM. PRIVATE LAW STUDIES, 40(2), 239-257. https://www.sid.ir/en/journal/ViewPaper.aspx?id=191488



Vancouver: Copy

TAJARLOU R.. THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM. PRIVATE LAW STUDIES. 2010 [cited 2021July28];40(2):239-257. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=191488



IEEE: Copy

TAJARLOU, R., 2010. THEORETICAL EXAMINATION OF INSOLVENCY LAW UNDER ANGLO-AMERICAN LEGAL SYSTEM. PRIVATE LAW STUDIES, [online] 40(2), pp.239-257. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=191488.



 
 
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