Legal adhesion, or Rehabilitation in French. On the importance of compromise in settlement.
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The focus of civil law is the restoration of the debtor's well-being, during which all institutions of civil law undergo a stress test, being under pressure from conflicts generated by creditors and representatives of the debtor. It is precisely in situations of acute contradictions that intermediaries are needed, who could help reach a compromise, albeit not ideal, but good enough for both preserving the debtor's business and safeguarding the interests of the creditors. The main theme of the monograph is a soft approach to overcoming the will of creditors, i.e. legal adhesion, developed in the Romance legal systems. The author sees it as an alternative to a more rigid approach - cram down, existing in a number of Anglo-American legal systems. Legal adhesion is considered in the context of questions aimed at studying the predicates of implementing this new institution into Russian legal culture and evaluating the norms of incorrect borrowing that occurred during the creation of Russian insolvency legislation.
Author:
Author:Ionțev Mihail Anatolyevich
Cover:
Cover:hardcover
Category:
- Category:History & Geography
- Category:Law & Legal
Dimensions:
Dimensions:21.5x14.7x1.5 cm
ISBN:
ISBN:978-5-8354-1935-7
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