European Insolvency Law

Author : Miguel Virgos,Miguel Virgós Soriano,Francisco Garcimartin,Francisco J. Garcimartín Alférez
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 54,9 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041120892

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The European Insolvency Regulation by Miguel Virgos,Miguel Virgós Soriano,Francisco Garcimartin,Francisco J. Garcimartín Alférez Pdf

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.

Author : Patryk Filipiak,Anna Hrycaj
Publisher : Kluwer Law International B.V.
Page : 632 pages
File Size : 48,5 Mb
Release : 2021-10-13
Category : Law
ISBN : 9789403534114

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European Insolvency Proceedings by Patryk Filipiak,Anna Hrycaj Pdf

In the European Union, the effectiveness of judicial protection granted to a business or consumer in crisis depends on the extent and manner in which court rulings in bankruptcy and restructuring cases are recognised in all Member States. This article-by-article commentary on Regulation (EU) 2015/848 provides expert guidance through the entire course of insolvency proceedings, clearly showing how to solve specific problems that arise in insolvency cases with a cross-border element, including aspects such as jurisdiction, applicable law, recognition and enforceability of judgments and coordination of group of companies’ insolvencies. For any party instituting an insolvency proceeding in an EU Member State, the commentary provides such detailed guidance as the following: identifying the appropriate internationally competent court for filing; terms pursuant to which a judgment can be recognised; duties of an insolvency practitioner (IP); IP’s authority in the territory of another state; IP’s obligations towards creditors in another state; rights of foreign creditors; admissibility of conducting secondary insolvency proceedings; conducting simultaneous insolvency proceedings against the same debtor; permissible forms of contact and cooperation between judges and parties to the proceedings; and conducting proceedings involving a group of companies. An important feature of the commentary highlights the standpoints of lawyers from Central and Eastern Europe, where the commercial judiciary operates in a distinctly different way from that in countries with a well-established market economy system. Interpretation of provisions of the Regulation by lawyers from this part of Europe enhances the scope of legal argument both in the economic sphere and in the sphere of justice. With its detailed and in-depth description of international jurisdiction, recognition, and universal and territorial effects of insolvency proceedings, this practical book will be welcomed by counsel to business persons conducting international activity, trustees in bankruptcy, tax advisers, court enforcement officers, academics dealing with insolvency law, banks dealing with the collection of receivables, and debt collection companies. In addition, as a contribution to the debate on the optimal model for the international consequences of insolvency proceedings, its discussion of issues related to national jurisdiction, bankruptcy and restructuring of groups of companies, and international judicial cooperation will be particularly valuable for researchers.

Author : Gerard McCormack,Andrew Keay,Sarah Brown
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 43,7 Mb
Release : 2017-01-27
Category : Law
ISBN : 9781786433312

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European Insolvency Law by Gerard McCormack,Andrew Keay,Sarah Brown Pdf

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 : Anonim
Publisher : Unknown
Page : 500 pages
File Size : 51,5 Mb
Release : 2009
Category : Electronic
ISBN : OCLC:488451881

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European Insolvency Law by Anonim Pdf

Author : Paschalis Paschalidis
Publisher : OUP Oxford
Page : 334 pages
File Size : 43,8 Mb
Release : 2012-03-29
Category : Law
ISBN : 9780191638138

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Freedom of Establishment and Private International Law for Corporations by Paschalis Paschalidis Pdf

Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

Author : Elina Moustaira
Publisher : Springer
Page : 160 pages
File Size : 42,8 Mb
Release : 2018-12-31
Category : Law
ISBN : 9783030044503

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International Insolvency Law by Elina Moustaira Pdf

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 : McCormack, Gerard
Publisher : Edward Elgar Publishing
Page : 331 pages
File Size : 50,5 Mb
Release : 2022-09-21
Category : Law
ISBN : 9781800376137

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EU Insolvency Law by McCormack, Gerard Pdf

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
Page : 240 pages
File Size : 43,8 Mb
Release : 2022-06-14
Category : Law
ISBN : 9781789903836

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Redefining Harmonisation by Ghio, Emilie Pdf

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 : William W. McBryde,Axel Flessner,Sebastianus Constantinus Johannes Josephus Kortmann
Publisher : Unknown
Page : 674 pages
File Size : 40,6 Mb
Release : 2003
Category : Bankruptcy
ISBN : 9013005977

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Principles of European Insolvency Law by William W. McBryde,Axel Flessner,Sebastianus Constantinus Johannes Josephus Kortmann Pdf

Author : Gerard McCormack,Reinhard Bork
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 2017
Category : Bankruptcy
ISBN : 1780683170

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Security Rights and the European Insolvency Regulation by Gerard McCormack,Reinhard Bork Pdf

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 : Alexander Bornemann,Moritz Brinkmann,Michael Dahl (Attorney)
Publisher : Unknown
Page : 608 pages
File Size : 52,6 Mb
Release : 2020
Category : Bankruptcy
ISBN : 1509924108

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European Insolvency Regulation by Alexander Bornemann,Moritz Brinkmann,Michael Dahl (Attorney) Pdf

"The new European Insolvency Regulation (Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings) has come into effect on 26 June 2017 for insolvency proceedings that are opened on or after that date. The Recast Regulation reforms the EC Regulation (1346/2000) on insolvency proceedings. The main changes of the Regulation are: The extension of its application to preventive insolvency proceedings; The creation of publicly accessible online insolvency registers; The possibility of avoiding the opening of multiple proceedings and preventing 'forum shopping'; The introduction of new procedures with the aim of facilitating cross-border coordination and cooperation between multiple insolvency proceedings in different Member States relating to members of the same group of companies. In this book a team of experienced insolvency law experts, among them judges, insolvency practitioners and academics, analyse the European Insolvency Regulation article by article. The authors focus on the new provisions and mechanisms as well as on the existing, and to a great extent still relevant, case law by the European Court of Justice and courts of the Member States."--Bloomsbury Publishing.

Author : Klaus Pannen
Publisher : Walter de Gruyter
Page : 961 pages
File Size : 52,8 Mb
Release : 2011-12-22
Category : Law
ISBN : 9783110901337

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European Insolvency Regulation by Klaus Pannen Pdf

This book is a comprehensive commentary on the EIR in light of recent decisions of the ECJ and decisions of the judicatures of the various Member States of the EU. It contains a commentary on Article 102, Sections 1 to 11 of the German EGInsO (The Act Introducing the Insolvency Act), as well as country reports on the international insolvency laws of France, Great Britain, and Hungary. This book also deals with the UNCITRAL Model Law on Cross-Border Insolvency together with detailed references to the international insolvency laws of the U.S.A., and it also includes a discussion of protocols. The appendix to the commentary on Article 3 of the EIR contains an extensive Table of Cases, which sets out over 100 cases from the various Member States, including decisions and literature references. While thus being tailored to the needs of the European insolvency practitioner, this commentary also serves as a knowledge-base from which further exploration of the material can begin. The contributing authors are all well-respected academics and practitioners in Germany, England, France, Hungary, and the U.S.A.

Author : W. W. McBryde,Axel Flessner,S. C. J. J. Kortmann
Publisher : Unknown
Page : 686 pages
File Size : 40,9 Mb
Release : 2005-01-01
Category : Law
ISBN : 9041123911

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Principles of European Insolvency Law by W. W. McBryde,Axel Flessner,S. C. J. J. Kortmann Pdf

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 : Paul J. Omar
Publisher : Ashgate Publishing
Page : 0 pages
File Size : 43,7 Mb
Release : 2004
Category : Bankruptcy
ISBN : 0754623335

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European Insolvency Law by Paul J. Omar Pdf

International insolvency is a newly established branch of the study of insolvency that owes a great deal to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. While it is a study of law and economic rules, there is the added complication of private international law and the conflict of legal rules due to the involvement of more than one legal order. This valuable book examines the texts that have formed part of the European experience at managing insolvency across frontiers and looks at insolvency as a phenomenon affecting the formation of the Single Market within the European Community (and later Union).

Author : Gerard McCormack
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 50,6 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781789908817

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The European Restructuring Directive by Gerard McCormack Pdf

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.