Modelling as a Tool for Cross‐border Analysis of the Position of Insolvency Office Holders |
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| Authors: | Bernard Santen Jan Adriaanse Iris Wuisman |
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| Institution: | 1. Until 1 November 2015 Senior Researcher, Department of Business Studies, Leiden Law School, Leiden, The Netherlands;2. Professor of Turnaround management, Leiden Law School, Leiden, The Netherlands;3. Professor of Company Law, Leiden Law School, Leiden, The Netherlands |
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| Abstract: | This paper presents a framework and a model applied to make a cross‐border analysis of the position of Insolvency Office Holders. Both the framework and the model were developed in the course of an assignment to design Principles and Best Practices for Insolvency Office Holders for INSOL Europe. The framework is developed by induction from a variety of sources of rules and regulations regarding Insolvency Office Holders, while the model subsequently has been derived by deduction from the framework. Finally, the paper shows how this method assisted in determining the issues to be covered by Principles and Best Practices. The authors argue that commencing international legal comparison with abstract reasoning and modelling may lessen the effect of researcher's academic or professional blind spots and cultural bias and has the potential to enhance the value of cross‐border analysis in terms of coherence, consistency and completeness. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd |
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