Bankruptcy In Private International Law
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International Insolvency Law
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Author : Elina Moustaira
language : en
Publisher: Springer
Release Date : 2018-12-31
International Insolvency Law written by Elina Moustaira and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-31 with Law categories.
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.
Insolvency In Private International Law
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Author : Ian F. Fletcher
language : en
Publisher: OUP Oxford
Release Date : 2007
Insolvency In Private International Law written by Ian F. Fletcher and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This supplement covers all the key developments in case law and legislation in insolvency in private international law up to October 2006.
Bankruptcy In Private International Law
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Author : Louis Jacques Blom-Cooper
language : en
Publisher:
Release Date : 1954
Bankruptcy In Private International Law written by Louis Jacques Blom-Cooper and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with Conflict of laws categories.
Cross Border Insolvency National And Comparative Studies Reports Delivered At The Xiii International Congress Of Comparative Law Montreal 1990
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Author : Ian F. Fletcher
language : en
Publisher: Mohr Siebeck
Release Date : 1992
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 has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Reports primarily in English, some in French or Spanish.
Corporate Insolvency Law And Bankruptcy Reforms In The Global Economy
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Author : Kashyap, Amit
language : en
Publisher: IGI Global
Release Date : 2018-09-28
Corporate Insolvency Law And Bankruptcy Reforms In The Global Economy written by Kashyap, Amit and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Business & Economics categories.
With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.
International Cooperation In Bankruptcy And Insolvency Matters
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Author : Bob Wessels
language : en
Publisher: Oxford University Press
Release Date : 2009
International Cooperation In Bankruptcy And Insolvency Matters written by Bob Wessels and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Language Arts & Disciplines categories.
International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.
The European Insolvency Regulation
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Author : Miguel Virgos
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
The European Insolvency Regulation written by Miguel Virgos and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
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.
Cross Border Insolvency Proceedings
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Author : Remigijus Jokubauskas
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-30
Cross Border Insolvency Proceedings written by Remigijus Jokubauskas and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-30 with Law categories.
This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.
Principles Of International Insolvency
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Author : Philip R. Wood
language : en
Publisher: Sweet & Maxwell
Release Date : 2007
Principles Of International Insolvency written by Philip R. Wood and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Bankruptcy categories.
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
Freedom Of Establishment And Private International Law For Corporations
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Author : Paschalis Paschalidis
language : en
Publisher: OUP Oxford
Release Date : 2012-03-29
Freedom Of Establishment And Private International Law For Corporations written by Paschalis Paschalidis and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-29 with Law categories.
Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.