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2018•InterEULawEast journal for the international and european law economics and market integrationsOpen access

THE CONCEPT OF LIMITED LIABILITY AND THE PLIGHT OF CREDITORS WITHIN CORPORATE GOVERNANCE AND COMPANY LAW: A UK PERSPECTIVE

Eneless Nyoni, Tina Hart

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Abstract

This paper contributes to literature on the protection of creditors in light of limited liability and within corporate governance.It also makes recommendations to change the law thereby contributing to policy makers to include creditors when governing the firm.The article uses the doctrinal approach to analyze the law on the protection of creditors by a critical examination of the section 172(1) and section 830 of the Companies Act.

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This paper contributes to literature on the protection of creditors in light of limited liability and within corporate governance.It also makes recommendations to change the law thereby contributing to policy makers to include creditors when governing the firm.The article uses the doctrinal approach to analyze the law on the protection of creditors by a critical examination of the section 172(1) and section 830 of the Companies Act.

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Available abstract

This paper contributes to literature on the protection of creditors in light of limited liability and within corporate governance.It also makes recommendations to change the law thereby contributing to policy makers to include creditors when governing the firm.The article uses the doctrinal approach to analyze the law on the protection of creditors by a critical examination of the section 172(1) and section 830 of the Companies Act.

Key concepts: Creditor, Corporate governance, Perspective (graphical), Corporate law, Liability, Limited liability, Law, Business

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