LW52003 Comparative Corporate Law and Insolvency Assessment

Research Task 

Write an essay analyzing either directors' duties and enforcement mechanisms or corporate rescue mechanisms in a selected country. Compare and contrast these with the corresponding legal framework in the UK. Your analysis should highlight key similarities and differences,  and demonstrate a critical understanding of both jurisdictions’ approaches. 

Topic-specific Requirements 

 If you choose to analyze directors’ duties and enforcement, here are some aspects that  you are expected to include when approaching your essay: 

• Provide a concise overview of the substantive rules on directors’ duties and liability. Are these duties codified in statutory law or derived from case law? If statutory, are the duties listed exhaustively, or do common law duties still apply? To whom directors’ duties are owed primarily, to the company, i.e. to the legal entity, or the company and its shareholders?  
• Enforcement of directors’ duties is essential to complement the substantive rules on directors’ duties and liability. Explain the nature of the legal proceedings available for enforcement- a personal claim, a representative claim, or a derivative claim? Clarify the nature of the remedy- whether it results in corporate relief or a personal remedy. Please exclude personal  
  claims, i.e. actions brought by shareholders or third parties in their name for the infringement of individual rights owed directly to them, unless in your law directors’ duties are owed directly to shareholders. 

General requirements: 

• The selected country for your comparative study is suggested to be your home jurisdiction. If you wish to analyze the law of a different country, you must justify your choice of jurisdiction in your essay, explaining its relevance and importance. 
• You are expected to go beyond merely describing the different regulatory approaches. Instead, focus on generating an evaluative argument or commentary through detailed analysis of legal institutions from different legal traditions. Avoid simply listing the legal provisions of two jurisdictions or concluding which law is “better”. Marks will be awarded based on your ability to critically analyze the material, demonstrate a deep understanding of the issues, engage in critical legal thinking and writing, and form your reasoned conclusions.