Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy, Amit Kashyap
Автор: Vanessa Finch, David Milman Название: Corporate Insolvency Law : Perspectives and Principles ISBN: 1107039916 ISBN-13(EAN): 9781107039919 Издательство: Cambridge Academ Рейтинг: Цена: 23760.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This new edition builds on the unique analytical framework from previous editions, outlining the values to be served and the need to further both corporate and broader social ends. Offering a new and contextual approach to corporate insolvency laws and processes, this text is suitable for advanced undergraduate and graduate students, professionals and academics.
Автор: Hamish, Anderson. Название: The framework of corporate insolvency law / ISBN: 0198805314 ISBN-13(EAN): 9780198805311 Издательство: Oxford Academ Рейтинг: Цена: 31284.00 р. Наличие на складе: Поставка под заказ.
Описание: This book examines English corporate insolvency law, in particular the procedures under the Insolvency Act 1986, from both conceptual and functional points of view. It focuses on identifying either a rational explanation for the form that the rules and institutions of the modern law take, or the history which has resulted in the present position.
Описание: This book explores the general principles and practice of legal reform within bankruptcy, from a variety of specialists including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore.
Описание: This book is a comparative study of international practices in bankruptcy law, providing perspectives from a variety of specialisms including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore.
Описание: Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman’s Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another’s reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower’s unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
Автор: Jameel, Mokal Rizwaan Название: Corporate Insolvency Law: Theory and Application ISBN: 0199264872 ISBN-13(EAN): 9780199264872 Издательство: Oxford Academ Рейтинг: Цена: 29700.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume constructs a detailed theory for the analysis and justification of corporate insolvency law using philosophical and economic tools. This theory is then deployed in an examination of the relevant statutes and leading authorities. The theory is also used to addresses important doctrinal questions which have not yet received judicial attention.
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