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from Part I - Foundations
Published online by Cambridge University Press: 06 June 2024
This chapter analyzes the importance of insolvency law for the promotion of economic growth as well as the goals and strategies of insolvency law. It is argued that, even though insolvency law seeks to solve similar economic problems across jurisdictions, the intensity of these problems and the desirability of a particular insolvency response depend on a variety of country-specific and firm-specific factors. Unfortunately, many emerging economies have adopted insolvency laws that usually replicate practices existing in countries with totally different market and institutional environments. As a result, it is not surprising that insolvency law has failed to deliver the expected outcome in emerging economies. The chapter concludes by providing a general overview of the structure of the book and the underlying reasons justifying the need to reinvent insolvency law in emerging economies and beyond.
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