The Ammanati Affair: Seven Centuries Old, and not Feeling the Age

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Abstract

This Article focuses on the Anglo-American bankruptcy tradition. It adopts a doctrinal methodology to question the conclusion that “collectivity” is and should be a procedural, objective and secondary notion in light of two case studies. It suggests that in the context of cross-border, cross-disciplinary2 cases, equitable concepts could be employed to introduce a more nuanced understanding of the notion of “collectivity.” This should facilitate the recognition of foreign bankruptcy proceedings3 alongside with their inclusiveness, finality and certainty.
Original languageEnglish
Pages (from-to)831-866
Number of pages36
JournalChicago-Kent Law Review
Volume93
Issue number3
Publication statusPublished - 21 Sept 2018

Keywords

  • collectivity
  • insolvency

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