Item Infomation
Title: | What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws |
Authors: | Eidenmüller, Horst |
Issue Date: | 2023 |
Publisher: | Springer |
Abstract: | In this article, I discuss the possibilities and limitations of restructuring laws against the background of geopolitical shocks such as the Covid-19 pandemic and the current energy crisis. I make two claims, one narrow and focused on German bankruptcy law, and one broad with a cross-jurisdictional reach. My narrow claim relates to ‘StaRUG’, the new German restructuring regime. I argue that this law is a superfluous and flawed instrument. It should be repealed. My second claim is much broader. I argue that bankruptcy laws, including restructuring laws, are generally ill-suited to deal with the economic consequences of geopolitical or macroeconomic shocks as a ‘first line of defence’. Bankruptcy laws are not designed to provide the structural assistance at scale which the businesses affected by these shocks need. |
Description: | CC-BY |
URI: | https://link.springer.com/article/10.1007/s40804-023-00271-9 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9228 |
Appears in Collections | OER - Pháp luật - Thể chế xã hội |
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