Download or read book Principles of European Insolvency Law written by W. W. McBryde and published by . This book was released on 2005-01-01 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decades, many Member States of the European Union have introduced important new legislation in the field of insolvency law. Principles of European Insolvency Law tries to capture the common elements that national insolvency laws share and that make up the essence of insolvency proceedings in Europe. It makes a first, and, so far, unique attempt, to tackle an area of law which is of great commercial importance, but in which some might have thought it was too difficult to detect a European approach. Principles of European Insolvency Law looks to a future of more European integration in areas of commercial law and practice. They may serve as working material for further study, which could result in proposals for legislation on a supranational level. In the shorter term, the Principles will be of use in efforts to modernise national insolvency laws by serving as a 'European framework'. Taking account of the Principles in drafting reform proposals can lead to a greater conformity of new national legislation with the essence of European insolvency law.
Download or read book Principles of European Insolvency Law written by William W. McBryde and published by . This book was released on 2003 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Insolvency Regulation written by Miguel Virgos and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: After many years of negotiations among Member States, a uniform set of private international law rules has been established to determine the conduct of cross-border insolvency proceedings within the European Community. This is the European Insolvency Regulation of May 2000. Although each state still retains its own insolvency law, the regulation greatly reduces the risk of opportunistic behaviour by providing certainty as to which European courts have jurisdiction to open insolvency proceedings and which state?s laws apply, in addition to ensuring the cross-border effectiveness within the EU of the decisions handed down by those courts. This in-depth commentary offers practitioners in international business transactions and litigation a definitive guide to the workings of the Insolvency Regulation. The authors?one of whom co-wrote the official explanatory report on the 1995 Convention on Insolvency Proceedings, a report that still plays a fundamental hermeneutic role?leave no stone unturned in their probing analysis, which explains in detail such elements as the following: relationship with other community legal instruments and international conventions; territorial scope; substantive scope; third-party rights in rem and reservation of title; set-off; contracts relating to immovable property; employment contracts and relationships; payment systems and financial markets; community patents and trademarks; publication and registration; lodgement of claims; and special considerations affecting credit institutions and insurance undertakings. Company lawyers handling insolvency cases and issues will find nothing comparable to this expert work. Its direct practical usefulness is immediately apparent. In addition, however, it stands out as a preeminent work on a critical and hard-won legal instrument (and by extension on the entire field of European insolvency law) and as such is an essential resource for jurists and legal academics.
Download or read book Principles of Cross border Insolvency Law written by Reinhard Bork and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insolvency proceedings have increasingly cross-border effects, which are regulated by many international regulations. This book answers the fascinating question of what the underlying principles of international (cross-border) insolvency laws are and how they can be used for the purpose of further harmonising cross-border insolvency law in the EU and beyond.
Download or read book European Insolvency Law written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
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 Rescue of Business in Europe written by European Law Institute and published by Oxford University Press, USA. This book was released on 2020-02-16 with total page 1505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
Download or read book European Insolvency Proceedings written by Patryk Filipiak and published by Kluwer Law International B.V.. This book was released on 2021-10-13 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, the effectiveness of judicial protection granted to a business or consumer in crisis depends on the extent and manner in which court rulings in bankruptcy and restructuring cases are recognised in all Member States. This article-by-article commentary on Regulation (EU) 2015/848 provides expert guidance through the entire course of insolvency proceedings, clearly showing how to solve specific problems that arise in insolvency cases with a cross-border element, including aspects such as jurisdiction, applicable law, recognition and enforceability of judgments and coordination of group of companies’ insolvencies. For any party instituting an insolvency proceeding in an EU Member State, the commentary provides such detailed guidance as the following: identifying the appropriate internationally competent court for filing; terms pursuant to which a judgment can be recognised; duties of an insolvency practitioner (IP); IP’s authority in the territory of another state; IP’s obligations towards creditors in another state; rights of foreign creditors; admissibility of conducting secondary insolvency proceedings; conducting simultaneous insolvency proceedings against the same debtor; permissible forms of contact and cooperation between judges and parties to the proceedings; and conducting proceedings involving a group of companies. An important feature of the commentary highlights the standpoints of lawyers from Central and Eastern Europe, where the commercial judiciary operates in a distinctly different way from that in countries with a well-established market economy system. Interpretation of provisions of the Regulation by lawyers from this part of Europe enhances the scope of legal argument both in the economic sphere and in the sphere of justice. With its detailed and in-depth description of international jurisdiction, recognition, and universal and territorial effects of insolvency proceedings, this practical book will be welcomed by counsel to business persons conducting international activity, trustees in bankruptcy, tax advisers, court enforcement officers, academics dealing with insolvency law, banks dealing with the collection of receivables, and debt collection companies. In addition, as a contribution to the debate on the optimal model for the international consequences of insolvency proceedings, its discussion of issues related to national jurisdiction, bankruptcy and restructuring of groups of companies, and international judicial cooperation will be particularly valuable for researchers.
Download or read book Principles of Corporate Insolvency Law written by Royston Miles Goode and published by Sweet & Maxwell. This book was released on 2011 with total page 1189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.
Download or read book EU Cross border Insolvency Court to court Cooperation Principles written by B. Wessels and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a set of 26 EU Cross-Border Insolvency Court-to-Court Cooperation Principles ('EU JudgeCo Principles') along with 18 EU Cross-Border Insolvency Court-to-Court Communications Guidelines ('EU JudgeCo Guidelines'). These EU JudgeCo Principles will strengthen efficient and effective communication between EU Member courts in insolvency cases with cross-border effects. They have been produced in a period of two years (2013-2014), developed by a team of scholars at Leiden Law School and Nottingham Law School, in collaboration with some 50 experts, including 25 judges representing just as many different EU countries. The principles are set in EU stone, in that they especially function within the framework of the EU Insolvency Regulation. The texts have been aligned with the text of the recast of the Regulation, as published early December 2014. The EU JudgeCo Principles try to overcome present obstacles for courts in EU Member States, such as formalistic and detailed national procedural law, concerns about a judge's impartiality, uneasiness with the use of certain legal concepts and terms, and evidently language. The texts further build on existing experience and tested resources, especially in cross-border cases in North America, but are tailor made into an EU insolvency law context. These Principles include a set of very practical EU JudgeCo Guidelines to facilitate communications in individual cross-border cases. The project was funded by the European Union and the International Insolvency Institute (III) (www.iiiglobal.org) and we thank both sponsors for their continued support. *** Librarians: ebook available on ProQuest and EBSCO (Series: European and International Insolvency Law Studies - Vol. 1) [Subject: EU Law, Insolvency Law, Commercial Law, Comparative Law]
Download or read book European Insolvency Regulation written by Klaus Pannen and published by Walter de Gruyter. This book was released on 2011-12-22 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive commentary on the EIR in light of recent decisions of the ECJ and decisions of the judicatures of the various Member States of the EU. It contains a commentary on Article 102, Sections 1 to 11 of the German EGInsO (The Act Introducing the Insolvency Act), as well as country reports on the international insolvency laws of France, Great Britain, and Hungary. This book also deals with the UNCITRAL Model Law on Cross-Border Insolvency together with detailed references to the international insolvency laws of the U.S.A., and it also includes a discussion of protocols. The appendix to the commentary on Article 3 of the EIR contains an extensive Table of Cases, which sets out over 100 cases from the various Member States, including decisions and literature references. While thus being tailored to the needs of the European insolvency practitioner, this commentary also serves as a knowledge-base from which further exploration of the material can begin. The contributing authors are all well-respected academics and practitioners in Germany, England, France, Hungary, and the U.S.A.
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
Download or read book Redefining Harmonisation written by Ghio, Emilie and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Offering an in-depth exploration of the concept of harmonisation through the lens of European Insolvency Law, the book will be an insightful read for students and legal scholars interested in EU law and the law-making process.
Download or read book EU Insolvency Law written by McCormack, Gerard and published by Edward Elgar Publishing. This book was released on 2022-09-21 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a clear analysis of the main features of the European Insolvency Regulation 2015/848, within the context of previous EU initiatives, as well as addressing the contrasting objectives of universalism and territorialism which underpin cross border insolvency law. It measures the EU regulations against the UNCITRAL Model Law on Cross Border Insolvency and compares this with how the Model Law has been implemented elsewhere, such as in the US and the UK.
Download or read book Principles of Corporate Insolvency Law written by Royston Miles Goode and published by Thomson Sweet & Maxwell. This book was released on 2005-01-01 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores in depth the fundamental principles of corporate insolvency law and the many conceptual and analytical problems posed by the legislation and offers both theoretical and practical solutions.
Download or read book Advanced Introduction to Cross Border Insolvency Law written by Reinhard Bork and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Advanced Introduction to Cross-Border Insolvency Law provides a clear and concise overview of cross-border insolvency law with particular focus on the rules that govern insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them.
Download or read book Security Rights and the European Insolvency Regulation written by Gerard McCormack and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of security rights in insolvency proceedings under the main legal traditions of the European Union (common law, Germanic, Napoleonic Code and East European) in the context of Articles 5 and 13 of the European Insolvency Regulation Regulation 1346/2000.
