Principles Of European Insolvency Law
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| 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.
| Author | : Reinhard Bork |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Bankruptcy |
| ISBN | : 9781780684307 |
Insolvency proceedings have increasingly cross-border effects, which are regulated by many international regulations. This book answers the fascinating question of what the underlying principles of international (cross-border) insolvency laws are and how they can be used for the purpose of further harmonising cross-border insolvency law in the EU and beyond.
| Author | : Royston Miles Goode |
| Publisher | : Thomson Sweet & Maxwell |
| Total Pages | : 673 |
| Release | : 2005-01-01 |
| Genre | : Bankruptcy |
| ISBN | : 9780421930209 |
This text explores in depth the fundamental principles of corporate insolvency law and the many conceptual and analytical problems posed by the legislation and offers both theoretical and practical solutions.
| Author | : Gerard McCormack |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 505 |
| Release | : 2017-01-27 |
| Genre | : Law |
| ISBN | : 1786433311 |
Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
| Author | : Gerard McCormack |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Bankruptcy |
| ISBN | : 9781780683171 |
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.
| Author | : Vanessa Finch |
| Publisher | : Cambridge University Press |
| Total Pages | : 662 |
| Release | : 2002-09-12 |
| Genre | : Business & Economics |
| ISBN | : 9780521626859 |
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
| Author | : Jona Israël |
| Publisher | : Intersentia nv |
| Total Pages | : 404 |
| Release | : 2005 |
| Genre | : Bankruptcy |
| ISBN | : 9050954987 |
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.
| Author | : Philip R. Wood |
| Publisher | : Sweet & Maxwell |
| Total Pages | : 1111 |
| Release | : 2007 |
| Genre | : Bankruptcy |
| ISBN | : 1847032109 |
This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting
| Author | : Katharina Boele-Woelki |
| Publisher | : European Family Law |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Common law marriage |
| ISBN | : 9781780687889 |
The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.
| Author | : Jacobien Rutgers |
| Publisher | : Intersentia |
| Total Pages | : 172 |
| Release | : 2015-03-01 |
| Genre | : |
| ISBN | : 9781780682570 |
This book brings together the papers presented at the Society of European Contract Law's 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States, and whether common principles can be transformed into rules. The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law, including its economic, sociological, and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the series European Contract Law and Theory combines dogmatic thinking in comparative and EU law with strong social theory considerations, and makes publicly available the results of the discussions of leading scholars and practitioner. (Series: European Contract Law and Theory - Vol. 1) [Subject: European Law, Contract Law]
