Ep. 51 - Director’s Duties and Empirical Legal Research in Insolvency Law
May 15, 2024
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Researchers Jessie Pool and Georg Wabl discuss empirical research on directors' duties in insolvency law in Austria and The Netherlands. They explore challenges, enforcement, and harmonization, highlighting the balance between stakeholder interests and timely action in insolvency cases.
Employing empirical legal research methods is crucial for understanding complex legal issues in insolvency law.
Directors' duties in insolvency law are essential for effective restructuring processes and balancing stakeholder interests.
Deep dives
The Importance of Empirical Legal Research in Insolvency and Restructuring Law
Understanding and employing empirical legal research methods play a crucial role in shaping our knowledge of complex legal issues within insolvency and restructuring law. Empirical research allows us to study how laws work in practice and their impact on society, including the effectiveness of legal systems. Researchers should consider conducting empirical research when questioning legal assumptions or drafting laws. Challenges in empirical research include the fact-value gap and the need to maintain transparency, reliability, and validity in data collection and analysis.
Challenges in Conducting Empirical Research in Insolvency Law
One of the main challenges in empirical research is collecting and analyzing relevant data. Researchers must make early decisions on research objectives and data sources to ensure meaningful results. Ensuring access to appropriate data sources can be complex, especially in specialized legal fields. Researchers should aim for transparency in data collection, decision-making, and analysis to avoid biases and ensure accuracy in their findings.
Translating Empirical Research Findings into Practical Insights and Policy Recommendations
Empirical research in insolvency law aims to translate research findings into practical insights and policy recommendations for stakeholders like policymakers, lawyers, and insolvency practitioners. Presenting research findings in a clear and understandable manner is essential to impact decision-making and improve outcomes in insolvency proceedings. Engaging directly with practitioners through surveys, interviews, and focus groups can validate research findings and facilitate real-world applications of research outcomes.
Significance of Directors' Duties in Insolvency Law and Proposed Directive for Harmonization
Directors' duties in insolvency law play a crucial role in ensuring effective restructuring and insolvency processes while balancing the interests of various stakeholders. The proposed EU directive on harmonizing certain aspects of insolvency law introduces key provisions like the duty to file, emphasizing early director action in insolvency situations. Arguments for and against imposing a duty to file include incentivizing timely director action for creditor protection and concerns over premature insolvency filings impacting company recovery potential.
In this episode, Jessie Pool, Leiden University, The Netherlands, and Georg Wabl, Binder Grösswang, Austria, discuss their findings of empirical research regarding directors duties in insolvency law. They compare the laws of Austria and The Netherlands.
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Interviewers: Ilya Kokorin, Leiden University, The Netherlands & Defne Taşman, University of Antwerp, Belgium Introduction and credits voiced by Lisa McNeil, INSOL International Edited and produced by Harriet Norman, INSOL International