Conference System, VII Research Workshop on Institutions and Organizations

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Macroscopic Objectives of the Brazilian Bankruptcy Law In Face Of Law And Economic
Franklin Façanha da Silva

Last modified: 2012-09-05

Abstract


Abstract: It is essential to the economic environment duration of an effective bankruptcy laws and has been widely debated by lawyers and economists. This attachment comes from the theoretical evidence that a standard for the resolution of corporate insolvencies creates an ordered structure of solutions of conflicts and coordination of importance, so that enterprises with financial difficulties, or even bankrupt, managing effective solutions, predictable, timely and clear the economic point of view. Analyze the macroeconomic objectives of bankruptcy legislation is to see positive aspects in which the new bankruptcy law, law 11.101/2005, differs from the old and outdated system and open competition in which situations the law was able to reduce the impact of business failures in the setting of national economy and international, this study based on the theory of American economic analysis of law, showing how important a clear and efficient bankruptcy regime can contribute to the development of the market and the economy.

It is important to clarify that the company, as an institution, can’t be seen as an island, isolated only as a source of production, it should be seen as a source of negotiation, because a company does not develop if we do not negotiate with other companies or people, developing their negotiations in the economic market called. The contribution of an efficient bankruptcy system in this scenario is to reduce the risks of default, facilitating negotiations and reduce transaction costs.

 

Keywords: Macroscopic Objectives; Bankruptcy Law; Law and economics; Company; Market.


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