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Security Rights and the European Insolvency Regulation

2017 Bankruptcy
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Release : 2017
Genre : Bankruptcy
Kind : eBook
Book Rating : 171/5 ( reviews)

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Book Synopsis Security Rights and the European Insolvency Regulation by : Gerard McCormack

Download or read book Security Rights and the European Insolvency Regulation written by Gerard McCormack. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The European Insolvency Regulation

2004-01-01 Law
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Release : 2004-01-01
Genre : Law
Kind : eBook
Book Rating : 890/5 ( reviews)

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Book Synopsis The European Insolvency Regulation by : Miguel Virgos

Download or read book The European Insolvency Regulation written by Miguel Virgos. This book was released on 2004-01-01. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Security Rights in Movable Property in European Private Law

2004-08-26 Law
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Release : 2004-08-26
Genre : Law
Kind : eBook
Book Rating : 757/5 ( reviews)

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Book Synopsis Security Rights in Movable Property in European Private Law by : Eva-Maria Kieninger

Download or read book Security Rights in Movable Property in European Private Law written by Eva-Maria Kieninger. This book was released on 2004-08-26. Available in PDF, EPUB and Kindle. Book excerpt: For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

EU Insolvency Law

2022-09-28
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Release : 2022-09-28
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Kind : eBook
Book Rating : 120/5 ( reviews)

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Book Synopsis EU Insolvency Law by : Gerard McCormack

Download or read book EU Insolvency Law written by Gerard McCormack. This book was released on 2022-09-28. Available in PDF, EPUB and Kindle. Book excerpt: 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. Taking an accessible approach, Gerard McCormack examines key aspects of the regulations such as the opening of main and secondary insolvency proceedings, as well as applicable law and special rules in respect of security rights, rights in rem, transactional avoidance and set-off rights. Chapters also cover recognition of the opening of insolvency proceedings and of insolvency and related judgements, interactions between mean and secondary proceedings, the role of insolvency practitioners and courts, and the treatment of creditors. EU Insolvency Law will be critical reading for lawyers working in insolvency law, as well as other insolvency practitioners such as accountants. It will also be of interest to academics and students in the field, as well as policy makers in the EU and elsewhere, including national officials.

Advanced Introduction to Cross-Border Insolvency Law

2023-06-01 Law
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Release : 2023-06-01
Genre : Law
Kind : eBook
Book Rating : 377/5 ( reviews)

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Book Synopsis Advanced Introduction to Cross-Border Insolvency Law by : Reinhard Bork

Download or read book Advanced Introduction to Cross-Border Insolvency Law written by Reinhard Bork. This book was released on 2023-06-01. Available in PDF, EPUB and Kindle. Book excerpt: The Advanced Introduction to Cross-Border Insolvency Law provides a clear and concise overview of cross-border insolvency law with particular focus on the rules that govern insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them.

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