The Ammanati Affair: Seven Centuries Old, and Not Feeling the Age
Abstract
<span>This article focuses on the Anglo-American bankruptcy tradition. It adopts a doctrinal methodology to question the conclusion that “collectivity” is and should be a procedural, objective and secondary notion in light of two case studies. It suggests that in the context of cross-border, cross-disciplinary cases, equitable concepts could be employed to introduce a more nuanced understanding of the notion of “collectivity.” This should facilitate the recognition of foreign bankruptcy proceedings alongside with their inclusiveness, finality and certainty.</span>
Fields of Study & Subjects
Corporate Governance and Law
Corporate Insolvency and Governance
Taxation and Legal Issues
Publication details
- Journal / source
- SSRN Electronic Journal
- Publisher
- Elsevier BV
- Volume
- 93
- Issue
- 3
- Pages
- 831
- Publication date
- 1 January 2026
- Language
- EN
- Document type
- Preprint