Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 118 for “"insolvency"”.
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Priority rights of creditors in insolvency
Although it is a fundamental principle of insolvency law that all creditors are treated equally (the par! passu principle), in practice this principle is subject to a number of important exceptions. The principal exceptions are the respective rights of secured creditors, preferential creditors, …
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Centre of main interest and insolvency
Η παρούσα διατριβή εξετάζει τις νομικές προκλήσεις των διασυνοριακών περιπτώσεων αφερεγγυότητας σε μια οικονομία που γίνεται ολοένα και πιο παγκοσμιοποιημένη και υπογραμμίζει τον κεντρικό ρόλο του κέντρου των κύριων συμφερόντων (COMI). Λόγω της αυξανόμενης πολυεθνικής διασύνδεσης των επιχειρήσεων, …
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The rights of employees on corporate insolvency: a UK and US perspective
… and corporate rescue laws during corporate insolvency. There exist a significant number of academic theses on the role that insolvency law should play in a legal system, and the tension that corporate insolvency creates between employment protection and corporate rescue laws during corporate …
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Corporate bankruptcy : assessment, analysis and prediction of financial distress, insolvency, and failure
This paper is divided into three sections that address the various elements of understanding, predicting and analyzing corporate failure and bankruptcy. Part I covers the definitions of corporate failure, explains the bankruptcy process and then classifies various potential causes of failure into …
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Transfer of undertakings: the tension between business rescue and employment protection in corporate insolvency
… Business rescue and employee protection goals of insolvency law and employment law respectively are not inevitably incompatible. Opinions are divided, however, on the best means for achieving compatibility. This thesis uses theory to establish how the tension between these goals may be addressed. …
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A comparative analysis of corporate insolvency laws: what is is the best option for Kenya?
This research makes a comprehensive review of insolvency laws and reforms in the selected jurisdictions namely Kenya, the UK and Mauritius with a view of understanding how Kenya can benefit from the experience of others. The main aim is to evaluate whether Kenyan in-solvency laws supports modern …
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Modeling Solutions for Prevention of Medicare Insolvency for the Baby Boomer Generation (Born 1946 - 1964)
… this study.</p> <p>The following study addressed insolvency as negative cash flow and solvency as positive cash flow for the Medicare Trust Fund measured in United States dollars. Independent variables included: age increases, tax increases, and fraud reduction. These variables were modeled …
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Rethinking cross-border insolvency and rescue law theory: towards a better understanding of European harmonisation
… argues for the need to rethink cross-border insolvency and rescue law theory, in light of current European Union (EU) regulatory developments in this policy area. It disputes the theoretical and normative value of the traditional framework in which cross-border insolvency and rescue law is …
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THE POST-1986 UK INSOLVENCY SYSTEM: A STUDY OF MODE OF RESOLUTION AND OF COMPANY OUTCOME
… empirically investigates the United Kingdom (UK) insolvency code by focusing on the formal procedures available to distressed firms in the UK. The UK insolvency code is characterised as a creditor-oriented system that enforces a binding agreement between the company and the creditors with a view …
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A critical analysis of the effectiveness of the corporate rescue provisions under Sch B1 of Insolvency Act 1986
In 1982, the Insolvency Law and Practice: Report of the Review Committee (“the Cork Committee”) recommended the preservation of viable commercial enterprises, as an alternative to company winding up, in appropriate circumstances. Although the primary purpose of administration, which was …
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The impact of the European insolvency regulation on lenders, lending decisions, the structuring of transactions and enforcement of security
… explores the position of lenders in the face of insolvency proceedings and the issue of 'insolvency effects'. The thesis then goes on to analyze the impact of the EC Regulation on insolvency proceedings (the EIR) having regard to jurisdiction, recognition, applicable law and provisions which …
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The operation of transaction avoidance mechanisms in insolvency practice: a comparative study of Hong Kong and the United Kingdom
… provisions have a long history as part of the insolvency laws of England and Wales and the Statute of Elizabeth in 1571 is often regarded as the first statute dealing with avoidance in insolvency. The purposes of the avoidance provisions are to protect the general body of unsecured creditors …
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The pari passu principle in insolvency law: an analysis of the judicial construct and its suitability for modern needs
… it has been adapted to meet the needs of modern insolvency law. Such a perspective is especially acute in the light of recent reforms to the position of unsecured creditors introduced by the Enterprise Act 2002. The effects of the current financial downturn have furthermore focused attention on …
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Overlapping jurisdiction between admiralty and insolvency law: an evaluation and comparison of the South African and English legal approaches?
Includes bibliographical references.
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Legal Challenges of Cross-Border Insolvencies in Sub-Saharan Africa with Reference to Tanzania and Kenya: A Framework for Legislation and Policies
… in recent years in the area of cross-border insolvency, this scholarship has been dominated by scholars from the United States and Europe, so that a perspective from most of Sub-Saharan African (SSA) countries is lacking. This study addresses this perspective. It makes an in-depth examination …
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Recent Developments in South African Consumer Insolvency Law - An analysis of the National Credit Amendment Act 7 of 2019 and its possible impact on the economy, taking into account the experiences of the British, New Zealand and German legal systems
… rates can no longer be serviced. The result is insolvency. However, in the past many jurisdictions were not prepared for the challenges of low income insolvency. It was not until more recent times that legislators began to develop special insolvency procedures tailored to people with low …
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An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement
… justification of the stringent natural person insolvency system in light of the “advantage to creditors” requirement. Jackson’s (The Logic and Limits of Bankruptcy Law (1986) 3) criteria of “what is being addressed” by the South African natural person insolvency law system, and why that which …
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Legal challenges of cross-border insolvencies in sub-saharan Africa with reference to Tanzania and Kenya: a framework for legislation and policies
… in recent years in the area of cross-border insolvency, this scholarship has been dominated by scholars from the United States and Europe, so that a perspective from most of Sub-Saharan African (SSA) countries is lacking. This study addresses this perspective. It makes an in-depth examination …
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