The Eu Recommendation On Business Rescue Only Another Statement Or A Cause For Legislative Action Across Europe
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| Author | : Bob Wessels |
| Publisher | : Oxford University Press |
| Total Pages | : 1505 |
| Release | : 2020-01-30 |
| Genre | : Law |
| ISBN | : 0192561111 |
This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.
| Author | : Gerard McCormack |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 319 |
| Release | : 2021-04-30 |
| Genre | : Law |
| ISBN | : 1789908817 |
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
| 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 | : McCormack, Gerard |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 331 |
| Release | : 2022-09-21 |
| Genre | : Law |
| ISBN | : 1800376138 |
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.
| Author | : Ghio, Emilie |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 240 |
| Release | : 2022-06-14 |
| Genre | : Law |
| ISBN | : 1789903831 |
Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Offering an in-depth exploration of the concept of harmonisation through the lens of European Insolvency Law, the book will be an insightful read for students and legal scholars interested in EU law and the law-making process.
| Author | : Jan Adriaanse |
| Publisher | : Taylor & Francis |
| Total Pages | : 450 |
| Release | : 2017-03-27 |
| Genre | : Business & Economics |
| ISBN | : 1317572726 |
Written by leading experts in the field of business, finance, law and economics, this edited volume brings together the latest thoughts and developments on turnaround management and business rescue from an academic, judiciary and turnaround/insolvency practitioner perspective. Turnaround Management and Bankruptcy presents different viewpoints on turnarounds and business rescue in Europe. Presenting a state-of-the-art review of failure research in finance, such as on bankruptcy prediction, causes of decline, or distressed asset valuation. It also presents the latest insights from turnaround management research as well as giving a contemporary insight into law debates on insolvency legislation reform, cross-border judicial issues, bankruptcy decision-making by judges and competition policy in distressed economies. Finally, the book provides a regional and sector perspective on how the current crisis affects Europe, its government policies and industry performance. In this way, the volume presents a modern, interdisciplinary and scholarly overview of the latest insights, issues and debates in turnaround management and business rescue, developing a European perspective in an attempt to redress the predominance of an American orientation in the academic literature. It aims at a wider audience interested in turnarounds and failure, such as faculty and students in the fields of law, business, economics, accountancy, finance, strategic management, and marketing, but also at judges, insolvency practitioners, lawyers, accountants and turnaround professionals, as well as the EU and government officials, staff of trade unions and employer’s associations.
| Author | : Elina Moustaira |
| Publisher | : Springer |
| Total Pages | : 160 |
| Release | : 2018-12-31 |
| Genre | : Law |
| ISBN | : 3030044505 |
This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.
| Author | : Vanessa Finch |
| Publisher | : Cambridge University Press |
| Total Pages | : 839 |
| Release | : 2017-10-19 |
| Genre | : Business & Economics |
| ISBN | : 1107039916 |
A new and substantially revised edition which looks critically at the broad effect and conceptual underpinnings of corporate insolvency law.
| Author | : Hans-W Micklitz |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 400 |
| Release | : 2021-11-04 |
| Genre | : Law |
| ISBN | : 1509944842 |
This book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards. The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protagonists who were involved in the making of consumer law in Europe: Guido Alpa, Ludwig Krämer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiórowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field from a historical and sociological perspective. This book offers a unique opportunity to understand a legal and political field, that of consumer law and policy, which plays a fundamental role in our contemporary societies.
| Author | : Peter Drahn |
| Publisher | : Springer Nature |
| Total Pages | : 281 |
| Release | : 2020-05-04 |
| Genre | : Political Science |
| ISBN | : 3030469352 |
This book explores how and why the transposition of EU directives in the new and contentious policy area ‘Business and Human Rights’ differs between member states. It reveals the extent to which individual member states are pursuing diverging approaches in dealing with the ‘discretionary space’ in EU directives, and highlights theoretical and political explanations. Drawing on historical institutionalism and rational choice institutionalism, the book establishes a link between the degree of corporatism in a given political economy and government behaviour in terms of Business and Human Rights policy. Moreover, it identifies political salience within the policy subsystem as a pertinent factor for explaining national transposition outcomes.
