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Recasting the Insolvency Regulation


Recasting the Insolvency Regulation

Improvements and Missed Opportunities
Short Studies in Private International Law

von: Vesna Lazic, Steven Stuij

CHF 106.50

Verlag: T.M.C. Asser Press
Format: PDF
Veröffentl.: 12.12.2019
ISBN/EAN: 9789462653634
Sprache: englisch

Dieses eBook enthält ein Wasserzeichen.

Beschreibungen

<div><div>This book comprises contributions relating to the Insolvency Regulation Recast,</div><div>which recently entered into force. The authors analyse the changes introduced and</div><div>give their views on the improvements that are thereby achieved. In other words, they</div><div>assess to what extent the amendments have mitigated the disadvantages of the previous</div><div>Insolvency Regulation.</div><div><br></div><div>Three of the chapters concentrate on the issues pertaining to jurisdiction, such as</div><div>the problem of forum shopping by re-locating the debtor’s centre of main interests.</div><div>Furthermore, the extent to which the parties have the freedom to contract within</div><div>the framework of the Insolvency Regulation Recast is discussed. Also, the relevance</div><div>and consequences of recent developments in corporate law for the current crossborder</div>insolvency framework, as well as the jurisdictional issues concerning approval</div><div>requirements areamongst the matters addressed. Aside from the jurisdictional matters,</div><div>the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossborder</div><div>cooperation between national authorities in the field of insolvency is touched</div><div>upon. To conclude, this book covers a range of specific and intriguing topics brought</div><div>up by the Insolvency Regulations Recast.</div><div><br></div><div>This third volume in the Short Studies in Private International Law Series is primarily</div><div>aimed at legal academics dealing with cross-border insolvency, but it will also prove</div><div>useful to insolvency judges and practitioners, as well as those specialised in financial</div><div>and fiscal law. Finally, advanced students as well as those with a general interest in</div>insolvency law will also find it of added value.</div><div><b><br></b></div><div><b>Vesna Lazić</b> is Senior Researcher at the T.M.C. Asser Institute and Associate Professor</div><div>of Private Law at Utrecht University in The Netherlands. <b>Steven Stuij</b> is an expert in</div><div>private international law and PhD Candidate at the Erasmus School of Law, Rotterdam.</div></div>
<p>Chapter 1. Insolvency Forum Shopping, Revisited.- Chapter 2. Contracting around insolvency jurisdiction: private ordering in European insolvency jurisdiction rules and practices.- Chapter 3. Jurisdictional rules on approval requirements in the European Insolvency Regulation Recast.- Chapter 4. The&nbsp;law applicable to the transaction avoidance in cross-border insolvency proceedings.- Chapter 5. Cooperation and Communication between Parties in the Management of Cross-Border Parallel Proceedings under the European Insolvency Regulation Recast.</p>
<div><div>This book comprises contributions relating to the Insolvency Regulation Recast,</div><div>which recently entered into force. The authors analyse the changes introduced and</div><div>give their views on the improvements that are thereby achieved. In other words, they</div><div>assess to what extent the amendments have mitigated the disadvantages of the previous</div><div>Insolvency Regulation.</div><div><br></div><div>Three of the chapters concentrate on the issues pertaining to jurisdiction, such as</div><div>the problem of forum shopping by re-locating the debtor’s centre of main interests.</div><div>Furthermore, the extent to which the parties have the freedom to contract within</div><div>the framework of the Insolvency Regulation Recast is discussed. Also, the relevance</div><div>and consequences of recent developments in corporate law for the current crossborder</div>insolvency framework, as well as the jurisdictional issues concerning approval</div><div>requirements areamongst the matters addressed. Aside from the jurisdictional matters,</div><div>the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossborder</div><div>cooperation between national authorities in the field of insolvency is touched</div><div>upon. To conclude, this book covers a range of specific and intriguing topics brought</div><div>up by the Insolvency Regulations Recast.</div><div><br></div><div>This third volume in the Short Studies in Private International Law Series is primarily</div><div>aimed at legal academics dealing with cross-border insolvency, but it will also prove</div><div>useful to insolvency judges and practitioners, as well as those specialised in financial</div><div>and fiscal law. Finally, advanced students as well as those with a general interest in</div>insolvency law will also find it of added value.</div><div><br></div><div><b>Vesna Lazić</b> is Senior Researcher at the T.M.C. Asser Institute and Associate Professor</div><div>of Private Law at Utrecht University in The Netherlands. <b>Steven Stuij</b> is an expert in</div><div>private international law and PhD Candidate at the Erasmus School of Law, Rotterdam.</div></div>
Includes contributions from legal scholars who have published extensively in the field of private international law and international insolvency law Contains in-depth analyses of recurring issues under the regime of the Insolvency Regulation and the Insolvency Regulation Recast Devotes attention to new developments to be taken into account Brings together a variety of viewpoints from the areas of private international law, insolvency law and cross-border judicial cooperation

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