LAW4675 - International and comparative insolvency law - 2018

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof David Lindsay

Not offered in 2018

Prerequisites

For students who commenced their LLB course prior to 2015:

LAW1101 Introduction to legal reasoning and LAW1104 Research and writing.

For students enrolled in the LLB (Honours) course from 2015:

LAW1111 Foundations of law, LAW1112 Public law and statutory interpretation, LAW1113 Torts, LAW1114 Criminal law 1, LAW2101 Contract A, LAW2102 Contract B, LAW2111 Constitutional law and LAW2112 Property A.

For other students:

Equivalent introductory units from another university.

Synopsis

This unit will cover the basics of bankruptcy/insolvency law and the general rights of creditors and debtors in various Western nations, i.e. from an international perspective. The unit will focus on the core aspects of commercial bankruptcy/insolvency statutes in these countries.

It begins with a review of the key insolvency concepts and provisions set forth by the United Nations Commission on International Trade Law ("UNCITRAL") with primary emphasis on Part Two of the UNCITRAL Guide On Insolvency Law, entitled "core provisions for an effective and efficient insolvency law", including and highlighting its suggested provisions for reorganizations. It will then address the insolvency statutes of the United States, the U.S. Bankruptcy Code, with particular emphasis on chapter 11 reorganizations. Then the bankruptcy and insolvency laws of various European countries including, but not limited to, Germany, France, Italy, Spain and the Czech Republic, again with emphasis on their reorganization provisions, as applicable. Then the course will cover the terms, if any, of the various nations statutes on cross border bankruptcies and the UNCITRAL recommended provisions, together with the resulting problems where there are no or conflicting statutes in some countries. Finally, the course will compare the various statutory provisions in these nations together with their adoption, or not, of the UNCITRAL recommended terms and the effect thereof.

Outcomes

At the successful completion of this Unit, students will be able to:

  1. Critically analyse, from international and comparative perspectives, the law relating to bankruptcy and insolvency;
  2. Demonstrate cognitive and creative skills in approaching complex legal and policy problems relating to the application of selected areas of bankruptcy and insolvency law;
  3. Communicate effectively, appropriately and persuasively on issues relating to the application of international and comparative bankruptcy and insolvency law; and
  4. Provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

Attendance requirement: students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

  1. Seminar paper (written) (1000 words): 20%
  2. Take-home examination (4000 words): 80%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation and revision time over the duration of the unit.

See also Unit timetable information