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Author : Anthon Verweij,B. Wessels,Paul J. Omar,INSOL Europe,Rijksuniversiteit te Leiden. Faculteit der Rechtsgeleerdheid
Publisher : Fastprint Publishing
Page : 87 pages
File Size : 50,9 Mb
Release : 2010
Category : Bankruptcy
ISBN : 095583645X
Author : Elina Moustaira
Publisher : Springer
Page : 160 pages
File Size : 49,9 Mb
Release : 2018-12-31
Category : Law
ISBN : 9783030044503
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 : Bo Xie
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 51,7 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781781007389
Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.
Author : Ian F. Fletcher
Publisher : Mohr Siebeck
Page : 340 pages
File Size : 51,7 Mb
Release : 1992
Category : Law
ISBN : 3161458559
Reports primarily in English, some in French or Spanish.
Author : Daniele D'Alvia
Publisher : Routledge
Page : 118 pages
File Size : 55,5 Mb
Release : 2022-01-31
Category : Law
ISBN : 9781000610901
Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.
Author : Professor Paul Omar
Publisher : Ashgate Publishing, Ltd.
Page : 725 pages
File Size : 53,8 Mb
Release : 2013-12-28
Category : Law
ISBN : 9781409466673
International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.
Author : Philip R. Wood
Publisher : Sweet & Maxwell
Page : 1111 pages
File Size : 49,5 Mb
Release : 2007
Category : Bankruptcy
ISBN : 9781847032102
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 : J. William Boone
Publisher : Sweet & Maxwell
Page : 449 pages
File Size : 55,9 Mb
Release : 2012
Category : Business & Economics
ISBN : 9780414026940
An essential reference guide for companies and legal professionals working in an increasingly globalized economy.This title offers you insight into the insolvency laws of 25 major worldwide jurisdictions.
Author : Bob Wessels,Gert-Jan Boon
Publisher : Kluwer Law International B.V.
Page : 1042 pages
File Size : 53,7 Mb
Release : 2015-09-24
Category : Law
ISBN : 9789041159953
Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.
Author : Dennis Faber,Niels Vermunt,Jason Kilborn,Tomáš Richter
Publisher : OUP Oxford
Page : 1351 pages
File Size : 53,8 Mb
Release : 2012-03-29
Category : Law
ISBN : 9780191630910
This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.
Author : Professor Paul Omar
Publisher : Ashgate Publishing, Ltd.
Page : 488 pages
File Size : 53,5 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409496052
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.
Author : Simon Vorburger
Publisher : Kluwer Law International
Page : 328 pages
File Size : 40,6 Mb
Release : 2014
Category : Law
ISBN : 9041154191
In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.
Author : United Kingdom National Committee of Comparative Law
Publisher : British Institute for International & Comparative Law
Page : 348 pages
File Size : 51,5 Mb
Release : 1990
Category : Bankruptcy
ISBN : STANFORD:36105044795651
Author : Otto Eduardo Fonseca Lobo
Publisher : Thomson Carswell
Page : 0 pages
File Size : 52,9 Mb
Release : 2009
Category : Bankruptcy
ISBN : 0779821300
A comparative study of 17 jurisdictions in insolvency and bankruptcy related matters. Each individual jurisdiction is authored by an authority in that jurisdiction.
Author : Xinyi Gong
Publisher : Routledge
Page : 304 pages
File Size : 45,8 Mb
Release : 2017-11-20
Category : Business & Economics
ISBN : 9781351690904
As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.
