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Universalit T Und Sanierung Im Internationalen Insolvenzrecht


Universalit T Und Sanierung Im Internationalen Insolvenzrecht
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Universalit T Und Sanierung Im Internationalen Insolvenzrecht


Universalit T Und Sanierung Im Internationalen Insolvenzrecht
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Author : Thomas Laut
language : de
Publisher: Duncker & Humblot
Release Date : 2021

Universalit T Und Sanierung Im Internationalen Insolvenzrecht written by Thomas Laut and has been published by Duncker & Humblot this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.


Gegenstand der Untersuchung ist die Frage, welche Arten ausländischer Insolvenzverfahren anerkannt werden können. Insbesondere ist umstritten, inwieweit Verfahren, die darauf zielen, eine Liquidation zu vermeiden, Wirkungen im Inland entfalten können. Eine klare begriffliche Trennung der einzelnen Verfahrenstypen ist kaum möglich. Im allgemeinen Teil der Arbeit werden verschiedene Kriterien und Voraussetzungen der Anerkennungsfähigkeit diskutiert. Eine starre Definition lehnt der Autor ab. Er kommt zu dem Ergebnis, daß auch sanierende Insolvenzverfahren in der Regel anzuerkennen sind, einzelne Rechtsfolgen der Verfahren jedoch gesondert überprüft werden können. Im zweiten Teil der Arbeit werden anhand der erarbeiteten Kriterien beispielhaft die Inlandswirkungen verschiedener Reorganisations- bzw. Sanierungsverfahren überprüft.



Universalit T Im Internationalen Insolvenzrecht


Universalit T Im Internationalen Insolvenzrecht
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Author : Julia Harten
language : de
Publisher: Mohr Siebeck
Release Date : 2023-07-07

Universalit T Im Internationalen Insolvenzrecht written by Julia Harten and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-07 with Law categories.




Maritime Cross Border Insolvency


Maritime Cross Border Insolvency
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Author : Erik Göretzlehner
language : en
Publisher: Springer
Release Date : 2019-04-03

Maritime Cross Border Insolvency written by Erik Göretzlehner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-03 with Law categories.


This book provides an analysis and comparison of international insolvency rules, maritime laws and their inevitable intersection in maritime cross-border insolvencies. Until today, the on-going shipping crisis resulted in the insolvency of numerous shipping companies all over the world. The tensions arising between the legal systems of maritime and insolvency law, paired with conflicts of law in maritime insolvencies, are a major source of legal uncertainty and risk. In 2010, the Comité Maritime International installed an international working group on international maritime insolvencies and until today it is work in progress. This book gives an overview on maritime insolvencies, with a focus on Germany, England & Wales and the USA, and assesses the chances of achieving meaningful harmonization in the complex scenarios, where ships as mobile assets add a further complication to international insolvency proceedings.



Between Creed Rhetoric Fa Ade And Disregard


Between Creed Rhetoric Fa Ade And Disregard
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Author : Markus A. Höllerer
language : en
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Release Date : 2012

Between Creed Rhetoric Fa Ade And Disregard written by Markus A. Höllerer and has been published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business categories.


Applying the theoretical lens of organizational institutionalism, this study analyzes the spread of Corporate Social Responsibility (CSR) in the Austrian corporate world. The objectives are threefold: First, to explore the institutional framework in place; second, to explain the dissemination of CSR in terms of adopters' characteristics and field-level pressures; and third, to understand the structuring dimensions of meaning within the CSR discourse. The findings demonstrate that a specific sub-population is more inclined to espouse commitment to CSR policies. Against the background of an ambiguous nature and definition of CSR, this study also shows how actor categories and divergent thematic embeddings serve as a basis for the concept's theorization, and elaborates on a distinct constellation of empirical sub-discourses.



European And National Perspectives On The Application Of The European Insolvency Regulation


European And National Perspectives On The Application Of The European Insolvency Regulation
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Author : I. Queirolo
language : en
Publisher:
Release Date : 2017

European And National Perspectives On The Application Of The European Insolvency Regulation written by I. Queirolo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.




International Insolvency Law


International Insolvency Law
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Author : Professor Paul Omar
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28

International Insolvency Law written by Professor Paul Omar and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.


International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.



Medieval Poor Law


Medieval Poor Law
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Author : Brian Tierney
language : en
Publisher: Univ of California Press
Release Date : 2023-11-10

Medieval Poor Law written by Brian Tierney and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-10 with Law categories.


This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1959.



The European Insolvency Regulation


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.



Legislative Guide On Insolvency Law


Legislative Guide On Insolvency Law
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Author : United Nations Commission on International Trade Law
language : en
Publisher: United Nations Publications
Release Date : 2005

Legislative Guide On Insolvency Law written by United Nations Commission on International Trade Law and has been published by United Nations Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.


This publication seeks to assist the establishment of a legal framework for an efficient and effective national corporate insolvency regime which strikes a balance between the financial difficulties of debtors and the interests of creditors and other relevant parties, as well as addressing public policy concerns. The text of this draft legislative guide was adopted by UNCITRAL in June 2004 and approved by UN General Assembly resolution 59/40 in December 2004.



Legal Capital In Europe


Legal Capital In Europe
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Author : Marcus Lutter
language : en
Publisher: Walter de Gruyter
Release Date : 2006

Legal Capital In Europe written by Marcus Lutter 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 2006 with Business & Economics categories.


Europe has known very different systems of company laws for a long time. These differences do not only pertain to the board structures of public companies, where single-tier and two-tier structures can be distinguished, they also pertain to the principles of fixed legal capital. Fixed legal capital is not a traditional ingredient of English and Irish company law and had to be incorpo-rated into these legal systems (only) for public limited companies according to the Second European Company Law Directive of 1976. Both jurisdictions have never really embraced these rules. Against this background, the British Accounting Standards Board (ASB) and the Company Law Centre at the British Institute of International and Comparative Law (BIICL) have initiated and supported a study of the benefits of this legal system by a group of experts led by Jonathan Rickford. The report of this group has been published in 2004. Its result was that legal capital was costly and superfluous; hence, the Second Directive should be repealed. The British government has adopted this view and wants the European Commission to act accordingly. Against this background a group of German and European company law experts, academics as well as practitioners, have come together to scrutinise sense and benefits of fixed legal capital and all its specific elements guided by the following questions: What is the relevant legal concept supposed to achieve? What does it achieve in reality? What criticisms are there? Which proposals or alternatives are available? From the outset the group of experts has endeavoured to cooperate with foreign colleagues, which resulted in very fruitful and pleasant exchanges. This volume contains, besides an executive summary of the results, 16 essays on specific aspects of legal capital in Germany covering also neighbouring fields of law (e.g. accounting, insolvency);7 reports on fixed legal capital in other jurisdictions (France, Great Britain, Italy, the Netherlands, Poland, Spain and the U.S.A.) addressing the same questions as the essays on German law. The British initiative disapproves of the Second Directive. The Directive does only deal with public limited companies in Europe, which is reflected in the analysis presented here. It is only concerned with the fixed legal capital of public limited companies, not with capital issues of private companies. The study has arrived at a result that differs completely from that of the Rickford group. It verifies the usefulness of the concept of fixed legal capital and wishes to convince the European Commission of the benefits of the Second Company Law Directive.