The Harmonisation Of Transaction Avoidance In The Eu
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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.
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.
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.
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.
Corporate Recovery In An Integrated Europe
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Author : Lynch Fannon, Irene
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-05-13
Corporate Recovery In An Integrated Europe written by Lynch Fannon, Irene 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 2022-05-13 with Law categories.
Presenting a comprehensive overview of the changes in policies and economic doctrines of the American economy following the 2008 global financial crisis, this book critically examines the reformation of the corporate landscape. Observing the growth of oligopolistic market tendencies and increased economic concentration, it draws on scholarly literature from economics, management studies and legal theory to provide an integrated perspective on the causes and consequences of the crisis.
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.--
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
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.
Transaction Avoidance In Insolvencies
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Author : Rebecca Parry
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-03-15
Transaction Avoidance In Insolvencies written by Rebecca Parry 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 2018-03-15 with Law categories.
The third edition of Transaction Avoidance in Insolvencies considers all the possible ways in which a vulnerable transaction might be attacked, as well as practical issues that can arise in a typical transaction avoidance case. This new edition has been fully updated to reflect recent legislative amendments arising from the revision of the Insolvency Rules 1986, which came into force in 2017. The text also now incorporates an international dimension, which includes an analysis of the revised EU Regulation on Insolvency Proceedings. There is also.comprehensive coverage of important new case law. Written by a team of well-known specialists, Transaction Avoidance in Insolvencies provides a detailed account of this complex area from a practical perspective.