Security Rights And The European Insolvency Regulation
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Security Rights And The European Insolvency Regulation
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Author : Gerard McCormack
language : en
Publisher:
Release Date : 2017
Security Rights And The European Insolvency Regulation written by Gerard McCormack and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Bankruptcy categories.
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.
Security Rights In Movable Property In European Private Law
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Author : Eva-Maria Kieninger
language : en
Publisher: Cambridge University Press
Release Date : 2004-08-26
Security Rights In Movable Property In European Private Law written by Eva-Maria Kieninger 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 2004-08-26 with Law categories.
For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
Eu Insolvency Law
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Author : Gerard McCormack
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-09-28
Eu Insolvency Law written by Gerard McCormack 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 2022-09-28 with categories.
This comprehensive book provides a clear analysis of the main features of the European Insolvency Regulation 2015/848, within the context of previous EU initiatives, as well as addressing the contrasting objectives of universalism and territorialism which underpin cross border insolvency law. It measures the EU regulations against the UNCITRAL Model Law on Cross Border Insolvency and compares this with how the Model Law has been implemented elsewhere, such as in the US and the UK. Taking an accessible approach, Gerard McCormack examines key aspects of the regulations such as the opening of main and secondary insolvency proceedings, as well as applicable law and special rules in respect of security rights, rights in rem, transactional avoidance and set-off rights. Chapters also cover recognition of the opening of insolvency proceedings and of insolvency and related judgements, interactions between mean and secondary proceedings, the role of insolvency practitioners and courts, and the treatment of creditors. EU Insolvency Law will be critical reading for lawyers working in insolvency law, as well as other insolvency practitioners such as accountants. It will also be of interest to academics and students in the field, as well as policy makers in the EU and elsewhere, including national officials.
Cross Border Insolvency Proceedings And Security Rights
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Author : Michael Veder
language : en
Publisher:
Release Date : 2005-01-01
Cross Border Insolvency Proceedings And Security Rights written by Michael Veder 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.
This study discusses the position of secured creditors in cross-border insolvency proceedings. The book contains a comparative analysis of, inter alia, the cross-border effects of insolvency proceedings and the enforcement of security rights. Present Dutch customary private international law contrasts sharply with recent international developments, such as the EC Insolvency Regulation (and German legislation based on it) and the UNCITRAL Model Law on Cross-Border Insolvency. The author argues for the introduction of a set of rules that, in accordance with the UNCITRAL Model Law on Cross-Border Insolvency, subject the recognition of insolvency proceedings commenced outside the EU to judicial review. With respect to the determination of the effects of insolvency proceedings the conflict rules of the EU Insolvency Regulation should be followed. This leads to a coherent system of international insolvency law. Also the far-reaching, yet simple and clear, rule of Article 5 of the EC Insolvency Regulation should be adopted in Dutch customary private international law. Regardless of the jurisdictions involved, the opening of insolvency proceedings will not affect security rights on assets situated in other States.
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.
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.
Secured Credit In Europe
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Author : Teemu Juutilainen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-22
Secured Credit In Europe written by Teemu Juutilainen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-22 with Law categories.
This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.
European Cross Border Insolvency Regulation
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Author : Jona Israël
language : en
Publisher: Intersentia nv
Release Date : 2005
European Cross Border Insolvency Regulation written by Jona Israël and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Bankruptcy categories.
This book presents a comprehensive analysis of the regulation of cross-border insolvencies in Europe. Council Regulation 1346/2000 on Insolvency Proceedings forms the natural focal point of such a study. However, while this book explores in detail the background, legal basis as well as the substance of the Regulation, it also contains an examination of the Regulation from two wider perspectives: that of international cross-border insolvency regulation and Community law. The approach adopted by the Regulation to the problems raised by cross-border insolvency forms part of a paradigmatic shift at the global level. The 'struggle over jurisdiction' - the natural state of affairs under the old principles of 'universality & territoriality' - is increasingly being replaced by co-operation between the jurisdictions involved. The Regulation must be understood against the backdrop of these new cooperative approaches, including the UNCITRAL Model Law and ancillary proceedings. Doing so, this book argues that the co-operative framework of the Regulation is limited and may ultimately not suffice to realise the efficient and effective cross-border proceedings it is aiming for. Although the Regulation is an exponent of this global shift towards cooperation, the legal context in which it operates is nevertheless very different. Community law, as an autonomous legal order, has limited the private international law autonomy of Member States and generated a comitas Europaea. This book argues that Community law and its comitas must be taken seriously. They are an important source of principles to guide courts in the interpretation and application of the Regulation and may reinforce and expand the co-operative mechanisms of the Regulation. Jona Israel obtained his LL.M. at the University of East Anglia, Norwich in 1994 and graduated at the University of Maastricht in 1995. From 1995 to 1998 he was researcher at the European University Institute in Florence, Italy. Since 1998 he has been lecturer at the University of Maastricht, teaching private international law, insolvency law and commercial law.
The Future Of Secured Credit In Europe
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Author : Horst Eidenmüller
language : en
Publisher: Walter de Gruyter
Release Date : 2012-07-12
The Future Of Secured Credit In Europe written by Horst Eidenmüller and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-12 with Law categories.
This volume contains the reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines – from an economic and a community law perspective – the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.
Cross Border Insolvency Proceedings And Security Rights
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Author : Paul Michael Veder
language : en
Publisher:
Release Date : 2004
Cross Border Insolvency Proceedings And Security Rights written by Paul Michael Veder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Conflict of laws categories.