Creditors' Right of Recovery : Economic Theory, Corporate Jurisprudence and The Role of Fairness  

Oleh:

Anderson, Helen

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Melbourne University Law Review vol. 30 no. 1 (Apr. 2006), page 1-28.
Topik: JURISPRUDENCE; creditors; recovery; economic; corporate; jurisprudence

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: MM70 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

This article investigates the role played by substantive fairness in the determination of corporate law principles as they relate to particularly vulnerable creditor cohorts. The meaning and relevance of fairness is discussed, and the article examines economic theory both to show which creditors may not be adequately protected ex ante, as well as to evaluate measures of economic efficiency as a determinant of the law. Established legal doctrines are also considered to assess their impact on these vulnerable creditor groups. Commentary on fairness is examined, before concluding that the law needs to take into account economics, traditional corporate jurisprudence and aspects of fairness relating to creditors’ vulnerability and expectations. To ensure fairness to directors, their fault should also be considered before liability is imposed on them.

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