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Recasting the Insolvency Regulation

2019-12-12 Law
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Release : 2019-12-12
Genre : Law
Kind : eBook
Book Rating : 631/5 ( reviews)

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Book Synopsis Recasting the Insolvency Regulation by : Vesna Lazić

Download or read book Recasting the Insolvency Regulation written by Vesna Lazić. This book was released on 2019-12-12. Available in PDF, EPUB and Kindle. Book excerpt: 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

An Introduction to the European Insolvency Regulation, as Made and as Recast

2016
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Release : 2016
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Book Synopsis An Introduction to the European Insolvency Regulation, as Made and as Recast by : Kristin van Zwieten

Download or read book An Introduction to the European Insolvency Regulation, as Made and as Recast written by Kristin van Zwieten. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: The European Insolvency Regulation of 29 May 2000 was designed to ensure that the insolvency laws of EU Member States could operate effectively and efficiently in cross-border cases. To achieve this, the Regulation limits the circumstances in which insolvency proceedings can be opened in Member States and supplies rules to regulate the scope and effects of, and the interrelationship between, those proceedings that are validly opened under it. The overall idea is to enable the resolution of insolvency in a single set of proceedings, opened in one Member State but effective in others, or at least -- in cases where the Regulation permits proceedings to be opened in more than one Member State in relation to the same debtor -- through the coordination of such proceedings. The Regulation was recast in 2015, resulting in some significant changes to its scope and content. The provisions of the recast Regulation will generally be applicable in Member States from 26 June 2017. This book provides a detailed, article-by-article, commentary on the provisions of the recast Regulation, written by a team of authors with expertise in the law of multiple Member States. The purpose of this introductory chapter is to offer some context for this analysis and to anticipate some of the major themes that recur throughout. The chapter explains the rationale for the existence of the Regulation (Part I), charts the background to its enactment (Part II), sketches its most significant features -- both as originally enacted and as it has been recast (Part III), and makes some suggestions regarding the future development of this important instrument of European law (Part IV).

The European Insolvency Regulation and Implementing Legislations

2024-05-02 Law
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Release : 2024-05-02
Genre : Law
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Book Rating : 217/5 ( reviews)

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Book Synopsis The European Insolvency Regulation and Implementing Legislations by : Gilles Cuniberti

Download or read book The European Insolvency Regulation and Implementing Legislations written by Gilles Cuniberti. This book was released on 2024-05-02. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Insolvency Regulation

2020 Bankruptcy
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Author :
Release : 2020
Genre : Bankruptcy
Kind : eBook
Book Rating : 103/5 ( reviews)

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Book Synopsis European Insolvency Regulation by : Alexander Bornemann

Download or read book European Insolvency Regulation written by Alexander Bornemann. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: "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.

The EU Insolvency Regulation Recast

2016
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Release : 2016
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Book Synopsis The EU Insolvency Regulation Recast by : Francisco Garcimartin

Download or read book The EU Insolvency Regulation Recast written by Francisco Garcimartin. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: The new text of the European Insolvency Regulation (the “EIR Recast”) has addressed a large number of gaps and ambiguities raised by the practical application of the current version. This paper offers a critical analysis of three particular issues: the new scope of application of the EIR Recast, the provisions on the determination of the debtor's Centre of Main Interests, and the scope of the jurisdiction of the courts of the Member State opening insolvency proceedings.

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