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Creditor Protection in Private Companies
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Creditor Protection in Private Companies : Anglo-German Perspectives for a European Legal Discourse

Book Details

Format Hardback or Cased Book
ISBN-10 0521895383
ISBN-13 9780521895385
Publisher Cambridge University Press
Imprint Cambridge University Press
Country of Manufacture GB
Country of Publication GB
Publication Date Apr 16th, 2009
Print length 352 Pages
Weight 68 grams
Dimensions 23.50 x 15.50 x 2.00 cms
Product Classification: Company law
Ksh 21,950.00
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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. This book investigates the mechanisms found in English and German law that are designed to protect creditors from such risks.
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.

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