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Open research questions in Corporate Insolvency and Governance

39 unresolved questions extracted from the limitations and future-work sections of 1,676 Corporate Insolvency and Governance papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • This research offers a focused legal analysis on the intersection between AYDA mechanisms and bankruptcy law, an area that remains relatively underexplored, particularly in relation to determining the status of transferred collateral within the bankruptcy estate.

    The Legal Status of AYDA in Bankruptcy: Conflicts of Legal Norms and Implications for the Bankruptcy Estate · 2026 · DOI

  • The Supreme Court correctly determined that the State Treasury is the general legal successor of entities struck off the NCR and that this succession includes not only its assumption of the rights but also of the obligations of those entities, with the State Treasury"s liability for the liabilities acquired after the legal predecessor being limited to the property acquired after that predecessor.

    Glosa do uchwały Sądu Najwyższego z 20 kwietnia 2023 r., III CZP 122/22 · 2023 · DOI

  • 85 of 2014 on the procedures for preventing insolvency and for insolvency (Romanian Parliament, 2014) (further referred to as "the Insolvency Law"), according to which the duties of the syndic-judge are limited to the judicial control of the activity of the judicial administrator and to the judicial processes and requests related to the insolvency procedure, while the opportunity of the operations is controlled by the creditors.

    Legal Effects of the Wrongful Appointment as Provisional Judicial Administrator after the Moment when the Creditors have Confirmed the Same Person as the Definitive Judicial Administrator · 2020 · DOI

  • Abstract The purpose of the article is to present the possible regimes of bank resolution in the euro system and to highlight open questions concerning additional capital buffers and the valuation of assets according to the Bank Recovery and Resolution Directive (BRRD).

    International Environment: Recovery and Resolution Regimes as the Pillar of the Banking Union · 2019 · DOI

  • The paper presents the data for some poorly studied and ignored endogenous elements of internal firm policies generating firm indebtedness, received from a study of indebtedness of non-financial enterprises in Bulgaria in 2013.

    Endogenous Elements of the Firm Indebtedness in Bulgaria · 2016

  • Since section 3-405 was drafted with the object of imposing risk of loss upon the drawer, 2 " 3 the Underpinning result is inconsistent with the intent of the drafters of the Code.

    Declaration Against Penal Interest Held Inadmissable Against Defendant in Criminal Action · 2012

  • The features of banking contracts, which are mainly represented by technicality, informatization, deregulation, “publicization”, insurance and a governed character, have left their own effect upon the new regulation, which is synthesized in only one article – article 2191 – and which is insufficient in comparison with the complexity of the legal act in question.

    BANKING DEPOSIT OF FUNDS ACCORDING TO THE NEW CIVIL CODE (English version) · 2011 · DOI

  • A key issue in THE debate over reform of the international financial system is whether to adopt a new international bankruptcy regime for sovereign debt, and an important aspect of that debate is the lack of consensus about the problems that such a regime would be designed to solve and whether it would solve them.

    How Would a New Bankruptcy Regime Help? · 2002 · DOI

  • Conversely, she also produced complete series of prints, which remained in her possession until her death; the extent to which Ensor was aware of this practice remains uncertain.

    Ensor’s Agents and Collectors After 1920 and the Liquidation of His Estate upon His Death · 2026 · DOI

  • A stronger regulatory structure that increases transparency and empowers disinterested directors and shareholders to police potential abuses by controlling shareholders requires development and implementation in Indian capital markets.

    A Critical Analysis on the Scope of Related Party Transactions: A Possibility of Expansion · 2026 · DOI

  • Requirements for disinterested shareholder approval of extraordinary or significant related party transactions and certain ongoing transactions require regulatory implementation through stock exchanges and listing agreements.

    A Critical Analysis on the Scope of Related Party Transactions: A Possibility of Expansion · 2026 · DOI

  • The balance between expanding disclosure requirements based on mandatory materiality thresholds and avoiding undue regulatory burden and over-disclosure confusion needs to be determined.

    A Critical Analysis on the Scope of Related Party Transactions: A Possibility of Expansion · 2026 · DOI

  • Disclosure and shareholder approval requirements have plenty of scope for expansion of the ambit of related party transactions, with currently inadequate information provided by listed companies preventing shareholders from learning about related party transactions.

    A Critical Analysis on the Scope of Related Party Transactions: A Possibility of Expansion · 2026 · DOI

  • The scope of the definition of related party needs to be widened to capture horizontal relationships between companies within common control and other associated companies and parties, including explicit inclusion of promoter and promoter groups.

    A Critical Analysis on the Scope of Related Party Transactions: A Possibility of Expansion · 2026 · DOI

  • There is a need for research into the substance of corporate disclosures in India as compared to similar disclosures elsewhere to highlight the relative weakness of current laws.

    A Critical Analysis on the Scope of Related Party Transactions: A Possibility of Expansion · 2026 · DOI

  • While previous studies have explored breach of contract in broader contexts, there is limited research specifically addressing the application of Indonesian civil law in these cases, especially about debt defaults and guarantees.

    Negligence in Fulfilling Contractual Obligations · 2025 · DOI

  • However, while they can increase the number of timely insolvency proceedings, their effective-ness is still limited by the efficiency of the judicial system measured by the strength of institutions and their consistent application.

    Are insolvencyproceedings opened too late? The case of Germany, Croatia and Slovakia · 2023 · DOI

  • The value of the rights contained in thecertificate of rights of dependents has an important influence in determining the position of creditors as creditors who have preferential rights or only limited to as a concurrent creditor.

    The Effect of the Execution of the Sale of the Right Object on the Position of Bank Creditors · 2023 · DOI

  • Establishing the normative framework of the institute of personal bankruptcy may be a challenge for the legislations of Serbia and Republika Srpska, especially because it is insufficiently considered in domestic legal theory and fairly unknown in judicial and legal practice.

    Can the liberal concept of personal bankruptcy serve as a guide in regulating this institute in the Republic of Serbia and Republika Srpska? · 2022 · DOI

  • This article aims to confirm or refute the hypothesis that the current legislation is insufficient and that the established legal framework has certain gaps that may affect the original intent and goals of the central registry of beneficial owners.

    Beneficial Owner Central Registry as a Tool to Fight Money Laundering and Terrorist Financing · 2021 · DOI

  • k”, are companies founded by natural or legal persons whose liability for obligations undertaken by company are limited to their contribution and the share is divided in proportion of the contribution.

    The use of debt as a tax avoidance form in Albania · 2021 · DOI

  • The causes of the crash and its impact on joint-stock banking and the Scottish and British economy have been well-studied, but how its liquidation was concluded remains under-explored.

    Capturing Profit from Disaster: The Assets Company Ltd and the Afterlife of the City of Glasgow Bank · 2020 · DOI

  • In the absence of efficient recovery frameworks, the path of a distressed, significant clearinghouse is likely to resemble that of the government‐backed mortgage lenders whose fate more than ten years after their entry into conservatorship remains uncertain.

    Incomplete Clearinghouse Mandates · 2019 · DOI

  • Local government units resort to external repayable sources of financing their own activity, mainly those connected with investments, when the financial sources they have at their disposal are insufficient.

    Controversies Over Non-Conventional Instruments of Financing Budget Needs Of Local Government Units · 2017 · DOI

  • Consequently, in certain situations, the purpose and the essence of the rendition, its economic character, should be explored, since those elements determine the nature of the remdition within the meaning of art.

    Kara umowna z tytułu odstąpienia od umowy najmu w związku z nieuiszczeniem kaucji zabezpieczającej · 2017 · DOI

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39 open questions have been extracted from the limitations and future-work passages of 1,676 Corporate Insolvency and Governance papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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