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Debt restructuring and notions of fairness

Paterson, Sarah (2017) Debt restructuring and notions of fairness. Modern Law Review, 80 (4). pp. 600-23. ISSN 0026-7961

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Identification Number: 10.1111/1468-2230.12276


This article examines concern for fairness in the way in which loss is distributed when a company or financial institution facing financial difficulties is restructured. It shows how this concern is often grounded in loose notions of fairness, or generalisations from one situation to another, rather than in detailed analysis. Adopting an interdisciplinary approach, it builds an analytical frame for the fairness debate in debt restructuring. It shows why rigour is important in identifying fairness concerns, in weighing them against other considerations, and in applying concerns which arise in one scenario to another, and illustrates the types of policy mistake or policy incohernece which can arise if this is not done.

Item Type: Article
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Additional Information: © 2017 The Author. The Modern Law Review © 2017 The Modern Law Review Limited.
Divisions: Law
Subjects: H Social Sciences > HB Economic Theory
Date Deposited: 08 Dec 2016 10:59
Last Modified: 15 Sep 2023 15:43

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