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Insolvency judges meet strategic behaviour: A comparative empirical study
| Content Provider | SAGE Publishing |
|---|---|
| Author | Dijck, Gijs Van Hollemans, Ruben Maśnicka, Monika Frade, Catarina Benedetti, Lorenzo Galanti, Lucilla Fernando, Paula Joanna Kruczalak – Jankowska Abriani, Niccolo Jesus, Ruben Machnikowska, Anna Pagni, Ilaria |
| Copyright Year | 2020 |
| Abstract | This article reports the results of a comparative empirical legal study that analyzed (1) strategic behaviour by actors in insolvencies that is salient to insolvency judges and (2) how insolvency judges respond to such behaviour. After examining four different European countries, namely Italy, the Netherlands, Poland, and Portugal, the study reveals how differences regarding case allocation, judge – insolvency practitioner (IP) interaction, and remuneration and case financing can result in strategic behaviour on both the side of the judges and the IPs. From this, it follows that improving the efficiency and effectiveness is not merely a matter of implementing legislation and case law, but that it also requires a look into the dynamics between insolvency judges, IPs, and other actors in the insolvency process. |
| Related Links | https://journals.sagepub.com/doi/pdf/10.1177/1023263X20906669?download=true |
| Starting Page | 158 |
| Ending Page | 177 |
| Page Count | 20 |
| ISSN | 1023263X |
| Issue Number | 2 |
| Volume Number | 27 |
| Journal | Maastricht Journal of European and Comparative Law (MAA) |
| e-ISSN | 23995548 |
| DOI | 10.1177/1023263X20906669 |
| Language | English |
| Publisher | Sage Publications UK |
| Publisher Date | 2020-03-30 |
| Publisher Place | London |
| Access Restriction | Open |
| Rights Holder | © The Author(s) 2020 |
| Subject Keyword | bankruptcy empirical courts comparative judges Insolvency |
| Content Type | Text |
| Resource Type | Article |
| Subject | Political Science and International Relations Law |