The Treatment of Bank Failure
This study is relating to the treatment of bank failure in a comparative perspective. As banking institutions manage their business globally, the treatment of their failure may not be ended in one single jurisdiction. Therefore, certain major jurisdictions, which include European Union (its Member States, including France, Germany, and Great Britain), the United-States and China, have been selected for this study, so as to figure out, in a broader perspective, the convergence and the divergence arising amongst those of the treatment frameworks, and to shape an approach to establish a minimal coherence in a global perspective. As counter models, the analysis of the treatment frameworks of France and of United-States may help to answer whether a special regime and a common insolvency law could or could not produce the same outcome, both legally and economically. This analysis may serve as the foundation to harmonize the treatment in a global perspective.