Moss Fletcher And Isaacs On The Eu Regulation On Insolvency Proceedings

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Moss Fletcher And Isaacs On The Eu Regulation On Insolvency Proceedings

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Author : Gabriel Moss QC
language : en
Publisher: Oxford University Press, USA
Release Date : 2016-03-03

Moss Fletcher And Isaacs On The Eu Regulation On Insolvency Proceedings written by Gabriel Moss QC and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Bankruptcy categories.

This practical book provides complete analysis of the revised EU Regulation on Insolvency Proceedings (EIR), the main Regulation on cross-border insolvencies in the EU. This is an essential work for anyone who requires knowledge of insolvency law in the UK or in any of the other 26 EU countries to which the Regulation is directly applicable. Timed to take into account the final amended version of the EIR, this third edition of the leading work contains detailed analysis and opinion on the effect of the changes to Regulation in practice. It also considers the numerous ECJ and relevant national cases which have been decided since the last edition. As in previous editions the work is organized thematically with chapters considering jurisdiction, choice of law rules, enforcement, security, and financial services. Chapter 8 provides an article-by-article commentary of the Regulation itself. This is the leading work on the subject in English and has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appellate courts of Austria in Re: Stojevic. It is a must-have reference work for lawyers advising on insolvencies with an international element and provides valuable resource in the run up to implementation of the amended Regulation in 2017.

The Ec Regulation On Insolvency Proceedings

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Author : Ian F. Fletcher
language : en
Publisher: Oxford University Press on Demand
Release Date : 2009

The Ec Regulation On Insolvency Proceedings written by Ian F. Fletcher and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.

In addition all changes to the text of the Regulation have been included. Readership: Legal practitioners and accountants specialising in insolvency law as well as courts and judges; legal departments in major public companies; academics and university libraries.

The Law Of Insolvency

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Author : Ian F. Fletcher
language : en
Publisher:
Release Date : 2009

The Law Of Insolvency written by Ian F. Fletcher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Bankruptcy categories.

Summary: "Covering all major developments in case law and legislation, The Law of Insolvency: Gives authoritative coverage of all aspects of insolvency law - individual as well as corporate - in one handy volume; Incorporates more than 200 new cases, many at House of Lords/Privy Council level, including: Brumark Investments; Hindcastle; Hollicourt; Landau; Morris v Agrichemicals; Medforth v Blake); Addresses all the effects of the Insolvency Act 2000; Considers in detail the impact of the Human Rights Act 1998 Explains the effects of the EU Regulation on Insolvency Proceedings."--Publisher description.

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.

Lightman Moss On The Law Of Administrators And Receivers Of Companies

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Author : Gavin Lightman
language : en
Publisher:
Release Date : 2017-07-31

Lightman Moss On The Law Of Administrators And Receivers Of Companies written by Gavin Lightman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-31 with Receivers categories.

This new edition of Shareholders' Rights provides guidance for readers on the statutory remedies for the protection of minority shareholders with coverage/guidance also of articles of association and shareholders' agreements; the fiduciary duties of directors; restrictions on the power of the majority under general principles of equity and the principles of partnership law (such as good faith) which have been adopted in company law.

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 Union Regulation On Insolvency Proceedings

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Author : Bob Wessels
language : en
Publisher:
Release Date : 2018

European Union Regulation On Insolvency Proceedings written by Bob Wessels and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.

European Cross Border Insolvency Law

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Author : Reinhard Bork
language : en
Publisher: Oxford University Press, USA
Release Date : 2016

European Cross Border Insolvency Law written by Reinhard Bork and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.

This book provides a distilled and accessible analysis of the European cross-border insolvency law. With reference to the amended Insolvency Regulation (EIR) and related sources it examines the issues involved in intra-member state cross-border insolvency. The book analyses in depth the main areas of change brought about by the EIR such as the restatement of the meaning of 'centre of main interest' (COMI) and the rules on international jurisdiction, the new specific measures for multi-national enterprises, and the move towards co-operation between insolvency practitioners and courts. The EIR represents a very significant development in European insolvency law which will have an impact on all insolvencies with an international element involving a European state. All practitioners advising on the area need a clear grasp of the implications of the changes and this book aims to deliver just that.

Recasting The Insolvency Regulation

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Author : Vesna Lazić
language : en
Publisher: Springer Nature
Release Date : 2019-12-12

Recasting The Insolvency Regulation written by Vesna Lazić and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-12 with Law categories.

This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation. Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor’s centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements are amongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast. This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value./div Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam./div

Principles Of European Insolvency Law

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Author : W. W. McBryde
language : en
Publisher:
Release Date : 2005-01-01

Principles Of European Insolvency Law written by W. W. McBryde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.

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.