Reinhard Bork

The Anatomy of Corporate Insolvency Law

The Anatomy of Corporate Insolvency Law dissects corporate insolvency law into its constituent elements, analysing them through a comparative and functional lens. Over the past forty years, corporate insolvency law has become a field of extraordinary practical relevance and increasing intellectual fascination. On the one hand, academics, policymakers, and practitioners have reoriented insolvency law in favour of rescuing distressed companies. On the other hand, this evolution has reshaped foundational categories of the legal culture, blurring (for instance) the traditional distinction between 'contract' and 'proceedings'. The chapters in The Anatomy of Corporate Insolvency Law analyse central topics in this vibrant field and examines where it intersects with labour law and taxation law. The volume traces corporate insolvency law across key global jurisdictions, exploring how various jurisdictions might differently approach the same issues; to what extent two solutions that appear dissimilar really diverge; and vice-versa, to what extent two seemingly similar solutions might actually differ. In doing so, it facilitates cooperation and communication across jurisdictions, and explains how solutions adopted in one jurisdiction might be applicable in another. Suitable for students, scholars, and practitioners, this new work will provide the reader with a solid framework to understand corporate law from a comparative perspective.