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Author: Philip R. Wood Publisher: Sweet & Maxwell ISBN: 1847032109 Category : Bankruptcy Languages : en Pages : 1111
Book Description
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
Author: Philip R. Wood Publisher: Sweet & Maxwell ISBN: 1847032109 Category : Bankruptcy Languages : en Pages : 1111
Book Description
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
Author: Elina Moustaira Publisher: Springer ISBN: 3030044505 Category : Law Languages : en Pages : 160
Book Description
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.
Author: Vanessa Finch Publisher: Cambridge University Press ISBN: 9780521626859 Category : Business & Economics Languages : en Pages : 662
Book Description
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.
Author: Reinhard Bork Publisher: ISBN: 9781780684307 Category : Bankruptcy Languages : en Pages : 0
Book Description
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.
Author: Royston Miles Goode Publisher: Thomson Sweet & Maxwell ISBN: 9780421930209 Category : Bankruptcy Languages : en Pages : 673
Book Description
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.
Author: Daniele D'Alvia Publisher: Routledge ISBN: 100061090X Category : Law Languages : en Pages : 118
Book Description
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.
Author: Paul J. Omar Publisher: Ashgate Publishing Company ISBN: 9780754624271 Category : Law Languages : en Pages : 412
Book Description
This work is organised into five sections: 'General Principles of Insolvency Law', 'The Rescue and Fresh Start Concepts', 'International Insolvency Initiatives', 'Finance and Security Issues' and 'Innovations in Insolvency'.
Author: W. W. McBryde Publisher: ISBN: 9789041123916 Category : Law Languages : en Pages : 686
Book Description
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.
Author: Philip R. Wood
Author: Philip R. Wood
Author: Elina Moustaira
Author: Philip R. Wood
Author: Vanessa Finch
Author: Reinhard Bork
Author: Royston Miles Goode
Author: 
Author: Daniele D'Alvia
Author: Paul J. Omar
Author: W. W. McBryde