International Insolvency and Finance Law: Legal Constants in Times of Crises [Paperback]

Focusing on the Global Financial Crisis and the Covid-19 crisis, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate and constitute the basis through which a new theory of legal constants can be introduced in comparative law.

Introduction

Chapter 1  The Times of Crisis Between Insolvency and Financial Law

1.1. The Legal Theory of Finance

1.2. The Global Financial Crisis

1.2.1 Risk and Uncertainty

1.2.2 The Role of the Law in Financial Crisis

1.2.3 The 2020 Unfolding Crisis: Covid-19

1.3 The Evolution of Corporate Insolvency Law Regimes

1.3.1 The Private and Public Divide in Insolvency Law

1.3.2 Contractarian and Out-of-law Approaches

1.4 Comparative Law as a Policy Making Instrument of Out-of-law Meanings

1.5 Conclusions