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Creditor Protection in Private Companies
Thomas Bachner
其他書名
Anglo-German Perspectives for a European Legal Discourse
出版
Cambridge University Press
, 2009-04-16
主題
Business & Economics / Corporate Finance / General
Business & Economics / Finance / General
Business & Economics / Corporate Governance
Law / Business & Financial
Law / Commercial / General
Law / Corporate
Law / Jurisprudence
ISBN
0521895383
9780521895385
URL
http://books.google.com.hk/books?id=-dQ_g1pMnMkC&hl=&source=gbs_api
EBook
SAMPLE
註釋
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.