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Restitution And Insolvency
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Book Synopsis Restitution and Insolvency by : Francis D. Rose
Download or read book Restitution and Insolvency written by Francis D. Rose and published by Informa Law from Routledge. This book was released on 2000 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of restitution and insolvency law has increased in recent years. Theses two areas of law were discussed at the annual conference of the restitution section of the Society of Public Teachers of Law in Leeds in September 1999. The revised papers are joined here by a variety of papers from other sources and explore a range of topical subjects of common interest to restitution and insolvency from theotrical, comparative and practical perspectives.
Book Synopsis Equity and Administration by : P. G. Turner
Download or read book Equity and Administration written by P. G. Turner and published by Cambridge University Press. This book was released on 2016-05-26 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Book Synopsis Vulnerable Transactions in Corporate Insolvency by : John Armour
Download or read book Vulnerable Transactions in Corporate Insolvency written by John Armour and published by Bloomsbury Publishing. This book was released on 2003-02-13 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines powers and remedies available to a liquidator or administrator that render 'vulnerable' the company's prior contractual commitments or proprietary dispositions so as to enhance the asset pool available to creditors. In the process,the book does two things. First, it offers comprehensive accounts of the relevant causes of action: undervalue transactions, preferences, late floating charges, unregistered charges, transactions defrauding creditors, gratuitous corporate transactions and post-petition dispositions in liquidation. Secondly, it seeks to raise issues about the context and purpose of these causes of action, many of which have not yet been fully explored in the case law or academic literature. These are considered through a discussion of their relationship to the pari passu principle; a restitutionary analysis of the remedial provisions; and issues arising specifically in cross-border and international insolvency proceedings. The book is thus a source of reference both for insolvency litigators and for transactional lawyers seeking advice on potential vulnerability. The thematic approach and rigorous analysis will also make it of interest to an academic readership.
Book Synopsis Treatment of Contracts in Insolvency by : Dennis Faber
Download or read book Treatment of Contracts in Insolvency written by Dennis Faber and published by OUP Oxford. This book was released on 2013-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides detailed analysis of the affect of insolvency on contractual obligations and relationships in the main commercially significant jurisdictions.
Book Synopsis Going for Broke by : Jean-Pierre Brun
Download or read book Going for Broke written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2019-12-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Going for Broke focuses on insolvency as an additional civil remedy in the arsenal of asset recovery practitioners, specifically in the context of grand corruption investigations and proceedings. The recovery of corruption proceeds is often sought through criminal prosecution and confiscation or civil lawsuits. Insolvency proceedings can also be an effective mechanism in the right circumstances, with their own advantages and disadvantages. The scenario that is most likely to benefit from this type of remedy is one in which bribes and stolen funds have been routed through special-purpose companies. This guidebook is intended as a practical tool to help policy makers, public officials, and those who have been entrusted with recovering their nations' stolen assets. It informs them about the ways that insolvency can be used to pursue proceeds of corruption. It may also serve as a quick reference for other practitioners: insolvency professionals, auditors, financial institutions, in-house counsel, and other professionals who deal with corruption.
Book Synopsis A Guide to Consumer Insolvency Proceedings in Europe by : Thomas Kadner Graziano
Download or read book A Guide to Consumer Insolvency Proceedings in Europe written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2019 with total page 1159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
Book Synopsis Proprietary Rights and Insolvency by : Richard Calnan
Download or read book Proprietary Rights and Insolvency written by Richard Calnan and published by Oxford University Press, USA. This book was released on 2016 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This topical title explains the circumstances in which a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor. It focuses on the situation where the proprietary interests are created by operation of law or implied from the arrangements between the parties, rather than by express transfer or taking of security. The book clarifies the current state of the law in an important area of insolvency law (especially in times of economic crisis) where the law is not settled, taking into account the latest developments in case law, and suggesting how it might be simplified by going back to first principles, such as the way proprietary interests are transferred at common law and in equity. The book concerns both insolvency law and property law, being essentially concerned with the limits of the law of property, marking out its boundary with the law of obligations. It is of particular importance in common law systems because of the nature of equitable proprietary interests, and includes reference to Commonwealth authorities where relevant, including Australia, New Zealand and Canada. This work provides a structured and principled analysis of the topical and important area of creditors' proprietary rights in the event of insolvency of a debtor"--Provided by publisher.
Book Synopsis Property Rights and Bijuralism by : Jan Jakob Bornheim
Download or read book Property Rights and Bijuralism written by Jan Jakob Bornheim and published by Mohr Siebeck. This book was released on 2020-10-12 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Book Synopsis Corporate Insolvency Law by : Vanessa Finch
Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2009-05-28 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary examination of corporate insolvency law assesses recent reforms and anticipates new legislation.
Book Synopsis Restitution and European Community Law by : Alison Jones
Download or read book Restitution and European Community Law written by Alison Jones and published by Taylor & Francis. This book was released on 2020-11-25 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth in prominence of the law of restitution and European Community law has resulted in the creation of a body of case law, which is contained within this work. This book examines the Community rules that affect restitutionary claims commenced in the English courts. This book considers the affect that EC rules may have on the development of specific areas of the English law of restitution, it sets out the circumstances in which the development of English rules governing restitutionary claims might be affected by the requirements of Community law, and examines in detail the Community rules which affect restitutionary claims commenced before the national courts and attempts to rationalise and to explain them within the framework of the principle of unjust enrichment. It is essential reading for practitioners as well as academics and postgraduate students.
Book Synopsis The Law of Restitution in Nigeria by : Festus Emiri
Download or read book The Law of Restitution in Nigeria written by Festus Emiri and published by African Books Collective. This book was released on 2012 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.
Book Synopsis Principles of Corporate Insolvency Law by : Royston Miles Goode
Download or read book Principles of Corporate Insolvency Law written by Royston Miles Goode and published by Sweet & Maxwell. This book was released on 2011 with total page 1189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.
Book Synopsis Reason and Restitution by : Charlie Webb
Download or read book Reason and Restitution written by Charlie Webb and published by Oxford University Press. This book was released on 2016-02-11 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In law, gains, like losses, don't always lie where they fall. The circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers. The same cannot be said, however, of the reasons for ordering restitution of such gains. It is often suggested that unjust enrichment's existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes. Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going on to inquire into their rationale, this isn't true of unjust enrichment's existence as a distinct ground of such claims. If unjust enrichment exists as a body of like cases and claims, truly independent of contract and tort, it does so by virtue of the distinct reasons it identifies and to which these claims respond. Reason and Restitution examines the reasons which support and shape claims in unjust enrichment and how these reasons bear on the law's resolution of these claims. The identity of these reasons matters. For one thing, unjust enrichment's status as a distinct ground of liability depends on the distinctiveness of these reasons. But, more importantly, it matters to those charged with the practical tasks of deciding cases and making laws, for it is these reasons alone which can direct how judges and legislators ought to respond to these claims.
Book Synopsis Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation by : Peter Birks
Download or read book Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation written by Peter Birks and published by Taylor & Francis. This book was released on 2020-11-25 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Book Synopsis Bankruptcy Crimes by : Stephanie Wickouski
Download or read book Bankruptcy Crimes written by Stephanie Wickouski and published by Beard Books. This book was released on 2007 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative treatise on bankruptcy fraud is an invaluable reference book for bankruptcy law practitioners, white-collar criminal lawyers, prosecutors, judges, restructuring professionals, and academicians. Bankruptcy Crimes is the only book extant on the subject and is unique in its dual perspective and analysis of criminality and bankruptcy law.
Book Synopsis Insolvency Law in East Asia by : Roman Tomasic
Download or read book Insolvency Law in East Asia written by Roman Tomasic and published by Routledge. This book was released on 2016-05-23 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court-based schemes of arrangement; winding-up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.
Book Synopsis Stone on Private International Law in the European Union by : Peter Stone
Download or read book Stone on Private International Law in the European Union written by Peter Stone and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
