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The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...
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The UK Cross-Border Insolvency Regulations 2006 (CBIR) permits discretionary relief in the form of applying foreign insolvency law. There is no convincing common-law objection to the application of foreign law.The ability to apply foreign law pursuant to the CBIR is consistent with Chapter 15 of...
Persistent link: https://www.econbiz.de/10013149492
Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their shareholders. When a corporation approaches or enters insolvency, however, courts have recently found that the fiduciary duty calculus may change. Recognizing that creditors have financial...
Persistent link: https://www.econbiz.de/10012959866
In this paper we explore the relationship between the individual decision to become an entrepreneur and the institutional context. We pinpoint the critical roles of property rights and the size of the state sector for entrepreneurial activity and test the relationships empirically by combining...
Persistent link: https://www.econbiz.de/10010269212
We explore the country-specific institutional characteristics likely to influence an individual's decision to become an entrepreneur. We focus on the size of the government, on freedom from corruption, and on 'market freedom' defined as a cluster of variables related to protection of property...
Persistent link: https://www.econbiz.de/10010272659
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This chapter in an upcoming book on Climate Justice initially discusses the status of American and Canadian indigenous communities and focuses on specific tribes in North America. Following a brief introduction of Canadian and American indigenous peoples, this chapter addresses the threats faced...
Persistent link: https://www.econbiz.de/10014125561
The objectives of this paper are to investigate the effect of ICT on sustainable development and the mechanisms through which the effect is modulated. The focus is on a sample of 140 countries around the globe for the period 2000–2019. The methodology involves the: (i) Fixed Effects estimator...
Persistent link: https://www.econbiz.de/10014085932
Legal scholars, economists and other social scientist often refer to the idea that countries can be classified into a number of “legal families” or “legal origins”. Yet, this research is unsatisfactory as regards the actual classifications of the legal systems of the world. Legal...
Persistent link: https://www.econbiz.de/10013034294