De la faillite au redressement des entreprises en difficulté : La redéfinition de la division du travail entre le notable, l'homme du droit et l'expert et l'importation du modèle américain du professionnel du conseil aux entreprises

摘要

The object of this study was not to analyse the impact of the new bankruptcy law, but to throw some light on the practices of those professionals who contribute to the transformation of legal forms. Turning around troubled firms, as well as bankruptcy, participates in those "seral - autonomous mechanisms of regulation" (Moore), where legal and social resources are combined to manage conflictual situations such as those indissociable from the restructurization of capital ; but now, the business notability has been replaced by the expert. The economic crisis has contributed towards disqualifying local methods of regulation and the delegation of legal authority to the distinguished amateur. The redefinition of the division of tasks and competences between business lawyers and chartered accountants is determined by the positions they adopt on the market of enterprise restructurization that is being built on the ruins of the more classical notability regulation. This new market carries the seeds of a redefinition of legal competence traditionally related to an ideology of disinterestedness. The importation of the American "Wall Street Law Firm" model, after that of the big Anglo-Saxon Audit Firms within which competence and social power go hand in hard contributes thus to reserving the cream of professional services for the dominant economic groups.