Harmonisation Of Transactions Avoidance Laws
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Harmonisation Of Transactions Avoidance Laws
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Author : Reinhard Bork
language : en
Publisher:
Release Date : 2022
Harmonisation Of Transactions Avoidance Laws written by Reinhard Bork and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Bankruptcy categories.
The book focuses on the harmonisation of transactions avoidance laws in the EU. Based on national reports from 24 jurisdictions and employing a principle-based approach, it proposes a new Model Law which, provides for legal certainty as to which transactions should (or should not) be challengeable in all Member States under the same conditions.--
The Harmonisation Of Transaction Avoidance In The Eu
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Author : Oriana Casasola
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
The Harmonisation Of Transaction Avoidance In The Eu written by Oriana Casasola and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-14 with Law categories.
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.
Harmonisation Of Transactions Avoidance Laws
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Author : Reinhard Bork
language : en
Publisher:
Release Date : 2022-01-24
Harmonisation Of Transactions Avoidance Laws written by Reinhard Bork and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-24 with categories.
This book focuses on the harmonisation of transactions avoidance laws in the EU. Based on national reports from 24 jurisdictions and employing a principle-based approach, it proposes a new Model Law which, in nine sections, provides for legal certainty as to which transactions should (or should not) be challengeable in all Member States under the same conditions.
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.
Advanced Introduction To Cross Border Insolvency Law
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Author : Reinhard Bork
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-06-01
Advanced Introduction To Cross Border Insolvency Law written by Reinhard Bork and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-01 with Law categories.
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.
Reinventing Insolvency Law In Emerging Economies
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Author : Aurelio Gurrea-Martínez
language : en
Publisher: Cambridge University Press
Release Date : 2024-05-31
Reinventing Insolvency Law In Emerging Economies written by Aurelio Gurrea-Martínez and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-31 with Law categories.
This book explains how and why insolvency law in emerging economies needs to be reinvented. It starts by examining the importance of insolvency law for the promotion of economic growth as well as the similarities and divergences in the design of insolvency law around the world. The central thesis of the book is that insolvency law in emerging economies fails to serve as a catalyst for growth. It is argued that this failure is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies. The book also provides a critical analysis of the design of insolvency law in many advanced economies where the insolvency system has proven to be unattractive for debtors, creditors or both. Therefore, in addition to suggesting a new insolvency framework for emerging economies, this book ultimately invites readers to rethink insolvency law.
The Uncitral Model Laws On Cross Border Insolvency And On The Recognition And Enforcement Of Insolvency Related Judgments
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Author : Reinhard Bork
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-03-12
The Uncitral Model Laws On Cross Border Insolvency And On The Recognition And Enforcement Of Insolvency Related Judgments written by Reinhard Bork and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-12 with Law categories.
This authoritative Commentary presents a comprehensive analysis of two essential Model Laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonize cross-border insolvency law.
Jurisdiction In Eu Cross Border Insolvency Law
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Author : Antonio Leandro
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-07-15
Jurisdiction In Eu Cross Border Insolvency Law written by Antonio Leandro and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-15 with Law categories.
This book deeply outlines jurisdiction in cross-border corporate insolvency proceedings within EU member states, investigating the rationale, structure and functioning of the grounds to initiate and supervise the proceedings. It explores personal, territorial, and substantive scopes of the insolvency courts’ jurisdiction, as well as its interplay with the jurisdiction of other courts and Alternative Dispute Resolution (ADR) mechanisms.
The European Insolvency Regulation And Implementing Legislations
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Author : Gilles Cuniberti
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02
The European Insolvency Regulation And Implementing Legislations written by Gilles Cuniberti and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-02 with Law categories.
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.
European Insolvency Regulation 2015
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Author : Ulrich Magnus
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2025-06-30
European Insolvency Regulation 2015 written by Ulrich Magnus and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-30 with Law categories.
The youngest volume of the renowned series of European Commentaries edited by Ulrich Magnus and Peter Mankowski covers the European Insolvency Regulation. This Regulation in its recast version of 2015 is of great practical importance. It primarily regulates when courts in the EU are competent to deal with insolvency proceedings which have transborder effects, which law is applicable in such proceedings, the conditions under which insolvency proceedings are to be recognized in other EU States and how courts and insolvency practitioners should cooperate in transborder situations. The Commentary provides an in-depth presentation and discussion of each article and pays particular attention to the insolvency decisions of the European Court of Justice but also to national case law. The team of authors is as well truly European. It is formed of outstanding experts from all over Europe.