Download or read book The Insolvency Regime for Large Enterprises in Italy An Economic and Legal Assessment written by Nazim Belhocine and published by International Monetary Fund. This book was released on 2018-09-28 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modernization of Italy’s insolvency framework has been the subject of much interest in recent years, related not least to its role in potentially facilitating an efficient allocation of resources. A unique feature of Italy’s insolvency framework is a special regime for large enterprises known as “extraordinary administration”. This paper evaluates the merits of this special regime by assessing its efficacy and success in achieving its stated goals and comparing its features to international standards and best practices. It finds that the special regime tends to impose large costs on creditors and the state. The regime results, in most cases, in the sale of parts of the group, followed by a liquidation phase of the remaining assets which can take longer than the general regime, hindering legal certainty for creditors and more generally economic efficiency, investment and job creation. Based on international best practices and experience, consideration should be given to folding the special regime into the general insolvency regime, possibly with provisions to allow for state intervention in specific well-defined circumstances.
Download or read book Executory Contracts in Insolvency Law written by Jason Chuah and published by Edward Elgar Publishing. This book was released on 2019 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
Download or read book Corporations and Partnerships in Italy written by Federico Pernazza and published by Kluwer Law International B.V.. This book was released on 2017-06-20 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in Italy provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume puts the information necessary for corporations to compete effectively at the user’s fingertips. An important and practical tool for business executives and their legal counsel interested in engaging in an international partnership or embarking on corporate expansion, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative business law.
Download or read book The Harmonisation of Transaction Avoidance in the EU written by Oriana Casasola and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations.
Download or read book Italian Banking and Financial Law Crisis Management Procedures Sanctions Alternative Dispute Resolution Systems and Tax Rules written by D. Siclari and published by Springer. This book was released on 2016-01-12 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within an environment made difficult by the continuing economic crisis, the Italian model for crisis management and resolution has helped to avoid many difficulties faced by intermediaries across the globe. However, the Italian model for crisis management will be forced to adapt to the new EU Bank Recovery and Resolution Directive, which introduces a unified regime for such events in all EU countries. This book explores the various methods for crisis management employed in Italian finance. The authors discuss procedures used in the banking and insurance sectors, such as deposit guarantee schemes and alternative dispute resolution systems. They also explore the evolution of the administrative sanctioning systems, and the roles of tax rules and credit rating agencies in Italian finance. This book analyses the evolution of the various crisis management processes, and discusses potential goals and improvements within the context of recent measures suggested by the European Commission.
Download or read book Benevolent Intervention in Another s Affairs written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.
Download or read book The European Insolvency Regulation and Implementing Legislations written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State’s judgements along with a regime of coordination between proceedings opened in different Member States.
Download or read book International Arbitration in Italy written by Massimo V. Benedettelli and published by Kluwer Law International B.V.. This book was released on 2020-12-09 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.
Download or read book Lease of Goods written by Kare Lilleholt and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contract for lease of goods is well known in practical life. Short-time leases of cars, to both businesses and consumers, are perhaps the most striking example, but contracts for temporary use of another person’s goods in exchange for rent are common for a wide range of products, like industrial equipment, office machines, leisure boats, sports gear, etc. Long-term leases are often chosen as an alternative to other forms of acquisition of goods ("financial leases"). This book presents a set of Principles of European law on lease contracts within the framework of the Study Group on a European Civil Code. The Principles are closely co-ordinated with other parts of what will become the Draft Common Frame of Reference for European contract law, prepared for the European Commission by several pan-European research teams co-operating in a network of excellence under the sixth Research Framework Programme. The Principles are accompanied by explanatory comments and comparative notes containing information on lease law for 27 European countries as well as on relevant international instruments. Thus, the book is a source to knowledge on existing law, in addition to being a contribution to the analysis of the interplay between general contract law and the law of specific contracts as well as to the discussion of future European private law.
Download or read book Sales written by Ewoud Hondius and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of the "Principles of European Law" deal with sales contracts. The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract, that there is. In fact, sales come in all shapes and sizes: ranging from the purchase of the daily newspaper at the news-stand or the groceries in the supermarket, through to the purchase of a new car and to commodity sales on highly specialised markets. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts.
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.
Download or read book Personal Security written by Ulrich Drobnig and published by sellier. european law publ.. This book was released on 2007 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de.
Download or read book Non Contractual Liability Arising out of Damage Caused to Another written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-08-17 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.
Download or read book Subject Catalog written by Library of Congress and published by . This book was released on 1982 with total page 1020 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guide to Foreign Legal Materials Italian written by Angelo Grisoli and published by . This book was released on 1965 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Italian Books and Periodicals written by and published by . This book was released on 1980 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Union Catalog written by and published by . This book was released on 1973 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.
