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Vol 24 No 9 Sept/Oct 2019

Book of the Month

Cover of The Anti-Suit Injunction

The Anti-Suit Injunction

Price: £195.00

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Balancing the Protection of Business and Employment in Insolvency: An Anglo-French Perspective


ISBN13: 9789462367555
Published: May 2017
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Hardback
Price: £60.00



Despatched in 6 to 8 days.

Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy.

Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection.

This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems.

This approach is useful as a background to future reform efforts as it explains how particular jurisdictions might receive and then implement such reforms given the underlying aims of business rescue and employment protection policies.

Subjects:
Insolvency Law
Contents:
1. A Path Dependent Comparative Historical Analysis of Employment Protection and Corporate Rescue in the United Kingdom and France
2. The Path to Labour Regulation and Corporate Insolvency Law - A Journey through Early Foundational Historical Experience
3. Proletarianisation, Industrialisation, and the Emergence of Labour Regulation in France and Britain
4. Historical Perspectives on Debt, Credit, and Insolvency - An Examination of Financial Evolution
5. Acquired Rights and the Insolvency Exception - EU Social Policy Evolution and Influence
6. Conflict and Resolution - Path Dependent Influences on the Evolution of Acquired Rights in Corporate Rescue in the UK and France
7. Conclusion