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). pp. 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 Download (320kB) | Preview |
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 |
|---|---|
| Uncontrolled Keywords: | fairness; social justice; valuation; insolvency; England and Wales |
| Divisions: | Faculty of Humanities > Law, School of Faculty of Humanities |
| SWORD Depositor: | Elements |
| Depositing User: | Elements |
| Date Deposited: | 24 Jun 2020 08:21 |
| Last Modified: | 06 Jan 2022 14:08 |
| URI: | http://repository.essex.ac.uk/id/eprint/26302 |
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