Harmonisation of Transactions Avoidance Laws

Harmonisation of Transactions Avoidance Laws
Author: Reinhard Bork
Publisher:
Total Pages: 0
Release: 2022
Genre: Bankruptcy
ISBN: 9781839702464

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.--

Harmonisation of Transactions Avoidance Laws

Harmonisation of Transactions Avoidance Laws
Author: Reinhard Bork
Publisher:
Total Pages: 1000
Release: 2022-01-24
Genre:
ISBN: 9781839701825

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.

The Harmonisation of Transaction Avoidance in the EU

The Harmonisation of Transaction Avoidance in the EU
Author: Oriana Casasola
Publisher: Edward Elgar Publishing
Total Pages: 231
Release: 2023-08-14
Genre: Law
ISBN: 1803928387

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.

Principles of European Insolvency Law

Principles of European Insolvency Law
Author: W. W. McBryde
Publisher:
Total Pages: 686
Release: 2005-01-01
Genre: Law
ISBN: 9789041123916

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.

Corporate Insolvency Law, 2nd Edition

Corporate Insolvency Law, 2nd Edition
Author: Reinhard Bork
Publisher:
Total Pages: 0
Release: 2023-10-31
Genre: Law
ISBN: 9781839704024

This textbook deals with the foundations and key issues of corporate insolvency law and approaches the topic from a comparative perspective, i.e. it does not concentrate on one insolvency law in particular but rather introduces the relevant rules from various jurisdictions, primarily England (and Wales), France, Germany and those of the USA. It is case focused and designed for learning and teaching corporate insolvency law. The 2nd edition covers the latest case law and developments in the topic." It is clear that extensive research went into this book and that it is an extremely valuable step forward in learning on the topic. It will be very helpful to all those who embark on a study of insolvency and restructuring law and I have no doubt that it will find its way in academia and practice." From the Foreword by Professor Michael Veder, Radboud UniversityPROF. DR. REINHARD BORK is Professor of Law at the University of Hamburg, Germany, where he held the chair for Civil Procedural Law until 2022. He has held the position of Dean of the Law Faculty, was Robert S. Campbell Visiting Fellow at Magdalen College Oxford twice, and is currently also Visiting Professor for International Insolvency Law at Radboud University Nijmegen/the Netherlands and Senior Research Fellow, Commercial Law Centre, Harris Manchester College, Oxford/UK. He has previously served as a judge at the Upper State Court (Court of Appeal) in Hamburg, the Commercial Law Division. He has considerable experience as an arbitrator in national and international cases.PROFESSOR BORK is the author of Principles of Cross-Border Insolvency Law, a groundbreaking study on the impact of basic tenets underlying international insolvency law. which was published by Intersentia in 2017. He co-authored - together with Professor Michael Veder - Harmonisation of Transactions Avoidance Laws, also published by Intersentia in 2022.

Transnational Legal Orders

Transnational Legal Orders
Author: Terence C. Halliday
Publisher: Cambridge University Press
Total Pages: 559
Release: 2015-01-19
Genre: Business & Economics
ISBN: 1107069920

Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

UNCITRAL Model Law on Secured Transactions

UNCITRAL Model Law on Secured Transactions
Author: United Nations Commission on International Trade Law
Publisher:
Total Pages: 96
Release: 2016
Genre: Law
ISBN:

The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,

Cross-Border Insolvency Proceedings

Cross-Border Insolvency Proceedings
Author: Remigijus Jokubauskas
Publisher: Taylor & Francis
Total Pages: 196
Release: 2024-04-30
Genre: Law
ISBN: 1040025269

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.

Recasting the Insolvency Regulation

Recasting the Insolvency Regulation
Author: Vesna Lazić
Publisher: Springer Nature
Total Pages: 134
Release: 2019-12-12
Genre: Law
ISBN: 9462653631

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

The European Insolvency Regulation and Implementing Legislations
Author: Gilles Cuniberti
Publisher: Edward Elgar Publishing
Total Pages: 769
Release: 2024-05-02
Genre: Law
ISBN: 1802205217

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.