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What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws

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Main Author: Eidenmüller, Horst
Format: Book
Language:English
Published: Springer 2023
Subjects:
Restructuring Laws
Online Access:https://link.springer.com/article/10.1007/s40804-023-00271-9
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9228
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spelling oai:localhost:PNK-92282023-09-26T03:17:31Z What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws Eidenmüller, Horst Restructuring Laws CC-BY 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 It should be repealed.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. 2023-09-26T03:17:30Z 2023-09-26T03:17:30Z 2023 Book https://link.springer.com/article/10.1007/s40804-023-00271-9 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9228 en application/pdf Springer
institution Digital Phenikaa
collection Digital Phenikaa
language English
topic Restructuring Laws
spellingShingle Restructuring Laws
Eidenmüller, Horst
What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws
description CC-BY
format Book
author Eidenmüller, Horst
author_facet Eidenmüller, Horst
author_sort Eidenmüller, Horst
title What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws
title_short What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws
title_full What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws
title_fullStr What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws
title_full_unstemmed What Can Restructuring Laws Do? Geopolitical Shocks, the New German Restructuring Regime, and the Limits of Restructuring Laws
title_sort what can restructuring laws do? geopolitical shocks, the new german restructuring regime, and the limits of restructuring laws
publisher Springer
publishDate 2023
url https://link.springer.com/article/10.1007/s40804-023-00271-9
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9228
_version_ 1779307164418965504
score 8.887929

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