Principles of corporate insolvency law
Professor L S Sealy
Six hours per week over a four week period * Second semester * City
Objectives The course will give students an opportunity not only to study insolvency law as a subject in its own right, but also to explore in depth aspects of property law, restitution equity and contract where a situation of insolvency presents problems of particular difficulty, both conceptual and practical. The policy and social implications of insolvency and insolvency law are also important areas of study, with different countries adopting contrasting attitudes to corporate failure and its consequences. The comparative approach, which it is proposed will be adopted in teaching the course, should lead students to a better understanding of the subject in its wider social context.
Synopsis The course will include a general coverage of all topics within the broad framework of insolvency law as it applies to corporations (including rescue procedures and receivership), together with the examination in greater depth of selected topics. Emphasis will be placed on fundamental principles rather than details of the legislation, but without losing sight of the fact that this is a subject of great practical importance. There will be opportunities for comparative study (eg with the US Chapter 11 proceedings), and an examination of the problems raised in cross-border insolvencies.
Assessment Research paper (5000 words): 50% * Take-home examination: 50%
Texts
To be advised
Published by Monash University, Clayton, Victoria
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