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Théorie du droit français des entreprises en difficulté. Conciliation, liquidation et jeux

Author

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  • Régis Deloche
  • Fabienne Oguer

Abstract

Present French bankruptcy law is composed of extra-judicial (prevention and mediation) treatment of firms? difficulties and judicial treatment (bankruptcy reorganization and liquidation) of their failures. In the first part, mediation belongs to non-cooperative game theory and to economics of information. In the second part, liquidation belongs to axiomatic sharing theory and to cooperative game theory. We give a case study that enables to characterize, on the one hand, the mediator?s part in the negotiation between a firm and its chief creditors and, on the other hand, the method used in France to share the liquidation value of a bankrupt firm between its creditors. Classification JEL: K4, C7, D6

Suggested Citation

  • Régis Deloche & Fabienne Oguer, 2002. "Théorie du droit français des entreprises en difficulté. Conciliation, liquidation et jeux," Revue d'économie politique, Dalloz, vol. 112(6), pages 889-904.
    • Handle: RePEc:cai:repdal:redp_126_0889
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    More about this item

    Keywords

    bankruptcy; negotiation; sharing;
    All these keywords.

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • C7 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory
    • D6 - Microeconomics - - Welfare Economics

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