[DOWNLOAD] "Creditors' Rights of Recovery: Economic Theory, Corporate Jurisprudence and the Role of Fairness (Australia)" by Melbourne University Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Creditors' Rights of Recovery: Economic Theory, Corporate Jurisprudence and the Role of Fairness (Australia)
- Author : Melbourne University Law Review
- Release Date : January 01, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 346 KB
Description
[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.] I INTRODUCTION