Kapur, Surbhi (2025) The social dynamics of corporate insolvency law and workers and employees of distressed companies: Comparing select Asian jurisdictions. The Chinese Journal of Comparative Law, 13. ISSN 2050-4810
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Abstract
The recent rise of the modern state and market-driven economies in Asia has been accompanied by a modernization of their insolvency laws. The centerpiece of such laws has been improved inclusivity, time-bound resolution of corporate distress, and a growing emphasis on viable rescue, social welfare, and preservation of the human (social) capital. In this vein, it has become more and more recognized that the collapse of a corporate entity may have substantial and across-the-board effects on a number of people associated with it, their life, and livelihoods. While the notion of ‘public interest’ is an important element of various areas of law, as far as its interface with insolvency law is concerned, it has received minimal attention. Going beyond the paradigm of neoclassical economics, which treats workers like any other factor(s) of production, this research focusses on the human and social dynamics of corporate insolvency laws, in their applicability to the workers and employees of the distressed companies.
Item Type: | Article |
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Keywords: | insolvency laws | corporate rescue | employment preservation | reorganization | social justice | workers–employees |
Subjects: | Social Sciences and humanities > Social Sciences > Social Sciences (General) Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Dharmveer Modi |
Date Deposited: | 15 Apr 2025 11:04 |
Last Modified: | 15 Apr 2025 11:04 |
Official URL: | https://doi.org/10.1093/cjcl%2Fcxaf003 |
URI: | https://pure.jgu.edu.in/id/eprint/9381 |
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