Deploying Communitarianism Bankruptcy Theory to Rescue Insolvent Charities and Maintain Charitable Purposes

Tribe, JP ORCID: 0000-0002-7272-7263 (2020) Deploying Communitarianism Bankruptcy Theory to Rescue Insolvent Charities and Maintain Charitable Purposes. In: Debates in Charity Law. Hart Publishing,Oxford, pp. 81-101. ISBN 9781509926831

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Abstract

This chapter argues that English and Welsh insolvency law provisions must be perfected so that insolvent charities are administered to ensure that general charitable purposes continue to be achieved despite technical insolvency. The survival of general charitable purposes should usurp all other stakeholder interests, including those of the creditors. By drawing an analogy between the “rescue culture” in English and Welsh insolvency law and the cy-près doctrine in charity law this chapter argues that the administration procedure can best achieve the continuation of general charitable purposes. If administration and its use is perfected towards this aim using “adapted cy-près” the underlying theoretical underpinnings of charity law and insolvency law will be unified for the ongoing benefit of society.

Item Type:	Book Section
Uncontrolled Keywords:	charity, insolvency, communitarianism, administration, cy pres, charities
Depositing User:	Symplectic Admin
Date Deposited:	08 Feb 2021 08:30
Last Modified:	18 Jan 2023 23:00
Related URLs:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3115302