DEFAUT DE PAIEMENT, COMPORTEMENT DE SAUVE-QUI-PEUT ET TRAITEMENT DES CREANCIERS

Abstract

This article analyzes the economic effeciency of legal rules of bankruptcy. It aims to answer the following question : do the legal rules of bankruptcy allow an efficient solution to the problem of sauve-qui-peut or opportunistic behavior inherent in bankruptcy firm ? I adopt a model of games theory between two creditors. I define the condition of strategic behavior emergency and demonstrate who bears the cost. I analyze the impact of legal rules on the reduction of the strategic behavior. I demonstrate none of these rules of law is adequate to solve the problem of bankruptcy efficiently. I provide a new rule of contrat, and show how my analysis of the contrat infuence the strategic behavior