Reinventing Insolvency Law in Emerging Economies

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Reinventing Insolvency Law in Emerging Economies

By Aurelio Gurrea-Martínez
Cambridge University Press June 2024

Specifications

ISBN-13
9781009431712
Publisher
Cambridge University Press
Publication
June 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book explains how and why insolvency law in emerging economies needs to be reinvented. It starts by examining the importance of insolvency law for the promotion of economic growth as well as the similarities and divergences in the design of insolvency law around the world. The central thesis of the book is that insolvency law in emerging economies fails to serve as a catalyst for growth. It is argued that this failure is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies. The book also provides a critical analysis of the design of insolvency law in many advanced economies where the insolvency system has proven to be unattractive for debtors, creditors or both. Therefore, in addition to suggesting a new insolvency framework for emerging economies, this book ultimately invites readers to rethink insolvency law.

Table of Contents

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1. Insolvency Law as a catalyst for growth
Part II. Features and Challenges of Insolvency Law in Emerging Economies:
2. Market and institutional environment in emerging economies
3. Insolvency systems around the world
Part III. Towards a New Insolvency Framework in Emerging Economies:
4. Promotion of workouts and hybrid procedures
5. Rethinking directors' duties in the zone of insolvency in emerging economies
6. Implementation of a simplified insolvency framework for micro and small enterprises
7. Tweaking ordinary insolvency proceedings
8. Favoring the choice of insolvency forum
Part IV. The Future of Insolvency Law:
9. Reinventing insolvency law beyond emerging economies

Glossary of terms
Index
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