CEU Electronic Theses and Dissertations, 2011
| Author | Sprinz, Petr |
|---|---|
| Title | Fresh-Start Policy of Bankruptcy Law in Visegrad Countries: Economic and Legal Analysis |
| Summary | The fresh-start policy is one of the key concepts of modern bankruptcy laws. It provides a debtor with a remedy in the form of a discharge of debts and an opportunity to start anew. Since its application entails a departure from non-bankruptcy law and implies significant implications, the fresh-start policy needs to be justified. The thesis first examines the reasons behind the fresh-start policy and identifies positive effects based on efficiency grounds while also pointing out negative impacts. Further, the emphasis is put on the assessment whether and to what extent the rationales have been implemented in Visegrad countries. As the title suggests, apart from comparative approach, the main focus is on legal and economic analysis. The author asserts that the fresh-start policy is a useful legal device but since it also has a set of negative potential effects, careful consideration is required. In this respect, the thesis briefly outlines how to mitigate the drawbacks. The author further concludes that the bankruptcy regimes in Visegrad countries vary significantly from virtually complete omission to implement the fresh-start policy to more or less efficient implementation. |
| Supervisor | Tajti Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/sprinz_petr.pdf |
Visit the CEU Library.
© 2007-2021, Central European University