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European Insolvency Law

European Insolvency Law PDF Author: Gerard McCormack
Publisher: Edward Elgar Publishing
ISBN: 1786433311
Category : Law
Languages : en
Pages : 505

Book Description
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.

European Insolvency Law

European Insolvency Law PDF Author: Gerard McCormack
Publisher: Edward Elgar Publishing
ISBN: 1786433311
Category : Law
Languages : en
Pages : 505

Book Description
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.

Security Rights and the European Insolvency Regulation

Security Rights and the European Insolvency Regulation PDF Author: Gerard McCormack
Publisher:
ISBN: 9781780683171
Category : Bankruptcy
Languages : en
Pages : 0

Book Description
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.

Cross-Border Insolvency Law

Cross-Border Insolvency Law PDF Author: Bob Wessels
Publisher: Kluwer Law International B.V.
ISBN: 9041159959
Category : Law
Languages : en
Pages : 988

Book Description
Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.

European Union Regulation on Insolvency Proceedings

European Union Regulation on Insolvency Proceedings PDF Author: Bob Wessels
Publisher:
ISBN: 9781944516352
Category :
Languages : en
Pages :

Book Description


The European Insolvency Regulation

The European Insolvency Regulation PDF Author: Miguel Virgos
Publisher: Kluwer Law International B.V.
ISBN: 9041120890
Category : Law
Languages : en
Pages : 274

Book Description
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.

A Guide to Consumer Insolvency Proceedings in Europe

A Guide to Consumer Insolvency Proceedings in Europe PDF Author: Thomas Kadner Graziano
Publisher: Edward Elgar Publishing
ISBN: 1788975650
Category : Law
Languages : en
Pages : 1159

Book Description
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.

The European Restructuring Directive

The European Restructuring Directive PDF Author: Gerard McCormack
Publisher: Edward Elgar Publishing
ISBN: 1789908817
Category : Law
Languages : en
Pages : 319

Book Description
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.

Rescue of Business in Europe

Rescue of Business in Europe PDF Author: Bob Wessels
Publisher: Oxford University Press
ISBN: 0192561111
Category : Law
Languages : en
Pages : 1505

Book Description
This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.

Commentary on the European Insolvency Regulation

Commentary on the European Insolvency Regulation PDF Author: Reinhard Bork
Publisher: Oxford University Press, USA
ISBN: 9780198727286
Category : Law
Languages : en
Pages : 0

Book Description
This book provides the most detailed article-by-article commentary on the EC Regulation on Insolvency Proceedings, written by a group of experts drawn from several jurisdictions.

Maritime Cross-Border Insolvency

Maritime Cross-Border Insolvency PDF Author: Lia Athanassiou
Publisher: Taylor & Francis
ISBN: 1351724622
Category : Law
Languages : en
Pages : 425

Book Description
Maritime Cross-Border Insolvency is a comprehensive comparative examination of both insolvency regimes (UNCITRAL and EU) in shipping with reference to the main jurisdictions having adopted the UNCITRAL regime, i.e. USA, UK, Greece.