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Défaut de paiement stratégique et loi sur les défaillances d'entreprises

Authors
Publication Date
Keywords
  • K2 - Regulation And Business Law
  • K3 - Other Substantive Areas Of Law
  • G28 - Government Policy And Regulation
  • K1 - Basic Areas Of Law
  • G33 - Bankruptcy
  • Liquidation
  • G0 - General
  • D14 - Personal Finance

Abstract

We compare the influence of bankruptcy law on the risk of default and the rate of liquidation by banks. We show that it depends on whether it is pro-creditors or pro-debtors oriented, and on the intensity of competition between banks. Then , we analyse the various tools at the disposal of public authority in order to accomdate the transition from a pro-creditors regime to a pro-debtors one. In a sense, our results suggest that there may exist a kind of consistency between the aims assigned to law, the orientation of bankruptcy law and the level of competition in the banking system.

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