Theories and Goals of Insolvency in Common Law—A Critical Review

Abstract

<p>This study offers a comprehensive critical analysis of the theoretical foundations and goals of insolvency law by generally reviewing the best practices of the leading common law countries, the United States, the United Kingdom, and Australia, and the legislative guidance provided by the Cork Report (UK), Harmer Report (Australia) and the UNCITRAL. The study generally illuminates the most recent developments in the theories and goals of insolvency law in these countries. It also generates novel insights by identifying and analysing how these theories and objectives are implemented.</p>