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Book Comparative Insolvency Law

    Book Details:
  • Author : Bo Xie
  • Publisher : Edward Elgar Publishing
  • Release : 2016-11-25
  • ISBN : 1781007381
  • Pages : 328 pages

Download or read book Comparative Insolvency Law written by Bo Xie and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.

Book Commencement of Insolvency Proceedings

Download or read book Commencement of Insolvency Proceedings written by Dennis Faber and published by OUP Oxford. This book was released on 2012-03-29 with total page 1351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.

Book Cross border Insolvency   National and Comparative Studies   Reports Delivered at the XIII International Congress of Comparative Law  Montreal  1990

Download or read book Cross border Insolvency National and Comparative Studies Reports Delivered at the XIII International Congress of Comparative Law Montreal 1990 written by Ian F. Fletcher and published by Mohr Siebeck. This book was released on 1992 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports primarily in English, some in French or Spanish.

Book Cross border Insolvency

    Book Details:
  • Author : United Kingdom National Committee of Comparative Law
  • Publisher : British Institute for International & Comparative Law
  • Release : 1990
  • ISBN :
  • Pages : 348 pages

Download or read book Cross border Insolvency written by United Kingdom National Committee of Comparative Law and published by British Institute for International & Comparative Law. This book was released on 1990 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Commencement of Insolvency Proceedings

Download or read book Commencement of Insolvency Proceedings written by Niels Erwin Dennis Faber and published by . This book was released on 2012 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel.--

Book International Insolvency Law

Download or read book International Insolvency Law written by Elina Moustaira and published by Springer. This book was released on 2018-12-31 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.

Book International Arbitration and Cross border Insolvency

Download or read book International Arbitration and Cross border Insolvency written by Simon Vorburger and published by Kluwer Law International. This book was released on 2014 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.

Book Ranking and Priority of Creditors

Download or read book Ranking and Priority of Creditors written by Dennis Faber and published by Oxford International and Compa. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the third volume in the Oxford International and Comparative Insolvency Law Series. It addresses one of the critical issues of any insolvency by providing comprehensive analysis of the law and practice in relation to creditor claims. As with the two previous volumes in the series the book would provide a comparative view by setting out the relevant law and practice in over 20 jurisdictions drawing out the divergences and common features of domestic insolvency laws from a broad spectrum of countries. Areas covered include submission of claims, verification and admission of claims, ranking of insolvency and administration claims, treatment of non-enforceable claims, and voting and participation rights. Quality, uniformity and the high level of detail of National Reports are the key benefits of this volume. The book would assist practitioners in assessing which ranking and participation rights could be asserted by the various types of creditors in the jurisdictions covered. For scholars it would provide access to a wealth of information which is currently not accessible in English.

Book Commencement of Insolvency Proceedings

Download or read book Commencement of Insolvency Proceedings written by Dennis Faber and published by . This book was released on 2012 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only book to provide a detailed comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries, meeting the need for thorough scrutiny of materials not available in English.

Book Corporate Insolvency Law

Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2002-09-12 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.

Book Personal Insolvency in the 21st Century

Download or read book Personal Insolvency in the 21st Century written by Iain Ramsay and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.

Book Comparative Law of Security Interests and Title Finance

Download or read book Comparative Law of Security Interests and Title Finance written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 935 pages. Available in PDF, EPUB and Kindle. Book excerpt: W Green has brought together leading figures from both academia and domestic and international practice to write this book, which features a comprehensive commentary on the Arbitration (Scotland) Act 2010

Book Principles of International Insolvency

Download or read book Principles of International Insolvency written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 1111 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting

Book International Insolvency Law

    Book Details:
  • Author : Professor Paul Omar
  • Publisher : Ashgate Publishing, Ltd.
  • Release : 2013-02-28
  • ISBN : 1409496058
  • Pages : 488 pages

Download or read book International Insolvency Law written by Professor Paul Omar and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.

Book International Insolvency and Finance Law

Download or read book International Insolvency and Finance Law written by Daniele D'Alvia and published by Routledge. This book was released on 2022-01-31 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.

Book Comparative Company Law

    Book Details:
  • Author : Carsten Gerner-Beuerle
  • Publisher : Oxford University Press
  • Release : 2019-05-06
  • ISBN : 0191059072
  • Pages : 1088 pages

Download or read book Comparative Company Law written by Carsten Gerner-Beuerle and published by Oxford University Press. This book was released on 2019-05-06 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts taken from key judgments, legislation, and scholarly works. It provides an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice. The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventual dissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, legal capital, piercing the corporate veil, and corporate insolvency and restructuring law.

Book Insolvency   Bankruptcy Law in India  UK   USA

Download or read book Insolvency Bankruptcy Law in India UK USA written by Shaheen Banoo and published by Eliva Press. This book was released on 2020-10-02 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the Insolvency and Bankruptcy Law and Practices across jurisdictions viz., India, United Kingdom and the United States of America. The individual chapters explore the different insolvency regimes prevalent in India, UK and the USA and the emergency measures amidst the COVID-19 pandemic to deal with the upsurge in insolvency filings as the pandemic has sent the financial markets into a tailspin across the world. The full range of chapters evaluates the legal framework of the insolvency laws in germane jurisdictions and divulges into the foundational concepts upon which rests the cornerstone of the bankruptcy law and assesses the basal substantive law for further policy amendments. The book dictates deployment of a judicious mix of conventional and unconventional changes to revamp the sinking financial markets with insolvency being a protuberant aspect inter alia requisitioning refit. The book imbibes the multitudinous approach to examine the principles of insolvency and bankruptcy law and presents a comparative outlook on different insolvency regimes with statistics in the selected jurisdictions as the overriding theme of the book.