Corporate Reorganisation Law and the Shaping Powers of Market Realities and Doctrinal Concepts1

Stephan Madaus

Oxford Journal of Legal Studies, 2022, vol. 42, issue 4, 1195-1211

Abstract: In Corporate Reorganization Law and Forces of Change, Sarah Paterson investigates the development of modern corporate reorganisation law in the United States and England and shows how, and why, the use of these laws has changed over time. Paterson argues that any analysis of corporate restructuring law must focus on the participants in the process and the way they mobilise and adapt legal rules in new ways to meet the problem of the day. She concludes that best practice, not doctrinal concepts, should inform any law reform in this area. This review concludes nonetheless with an attempt to identify a doctrinal concept of a modern restructuring law based on the insights of Paterson’s socio-legal analysis.

Keywords: restructuring; financing; corporate reorganisation; chapter 11; scheme of arrangements (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:oup:oxjlsj:v:42:y:2022:i:4:p:1195-1211.

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