Vaccari, Eugenio (2020) 'Broken Companies or Broken System? Charting the English Insolvency Valuation Framework in Search for Fairness.' Journal of International Banking Law and Regulation, 35 (4). 135 - 147. ISSN 0267-937X
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E Vaccari - 'Broken Companies or Broken System - Charting the English Insolvency Valuation Framework in Search for Fairness'.pdf - Accepted Version Restricted to Repository staff only until 1 April 2021. Download (320kB) |
Abstract
This paper adopts a normative approach to investigate measurement of value in English insolvency and bankruptcy cases. The valuation techniques are assessed against a revised communitarian, fairness-oriented framework based on a modified version of Rawls, Finch and Radin’s social justice concepts of fairness. This paper explains the need for a revised communitarian, fairness-oriented framework to measure value in insolvency. Finally, it investigates if regulatory reforms are needed to improve fair measurement of value in insolvency and bankruptcy procedures.
Item Type: | Article |
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Uncontrolled Keywords: | fairness, social justice, valuation, insolvency, England and Wales |
Divisions: | Faculty of Humanities > Law, School of |
Depositing User: | Elements |
Date Deposited: | 24 Jun 2020 08:21 |
Last Modified: | 24 Jun 2020 09:15 |
URI: | http://repository.essex.ac.uk/id/eprint/26302 |
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