THE EC REGULATION ON INSOLVENCY PROCEEDINGS A COMMENTARY AND ANNOTATED GUIDE

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The Ec Regulation On Insolvency Proceedings

Author : Ian F. Fletcher
ISBN : 0199215081
Genre : Law
File Size : 62.25 MB
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In addition all changes to the text of the Regulation have been included. Readership: Legal practitioners and accountants specialising in insolvency law as well as courts and judges; legal departments in major public companies; academics and university libraries.
Category: Law

Annotated Guide To The Insolvency Legislation Company Directors Disqualification Act 1986 Eu Regulation On Insolvency Proceedings 2000 Uncitral Model Law On Cross Border Insolvency Cross Border Insolvency Regulations 2006 Selected Statutes And Statutory Instruments

Author : L. S. Sealy
ISBN : 9780414047846
Genre : Bankruptcy
File Size : 83.54 MB
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This long-established legislation handbook provides annotated commentary and clarification on the legal and practical implications of the latest insolvency legislation. It is the standard work for accountants, lawyers and government officers dealing with insolvency.
Category: Bankruptcy

Cases And Materials On Eu Private International Law

Author : Stefania Bariatti
ISBN : 9781847316424
Genre : Law
File Size : 28.39 MB
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Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments.
Category: Law

European Insolvency Regulation

Author : Klaus Pannen
ISBN : 9783110901337
Genre : Law
File Size : 80.68 MB
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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.
Category: Law

Codifying Choice Of Law Around The World

Author : Symeon C. Symeonides
ISBN : 9780199360840
Genre : Law
File Size : 22.90 MB
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Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive codification of Private International Law (PrIL), or Conflict of Laws that has taken place in the last 50 years, from 1962-2012. During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions---more than in all preceding years since the inception of PrIL. This book provides a horizontal comparison and discussion of these codifications and conventions, first by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL. In the process, this book re-examines and dispels certain widely held assumptions about choice of law, and the art and science of codification in general. Written by Symeon C. Symeonides, a renowned PrIL and comparative law expert with extensive first-hand experience in drafting codifications and advising other drafters, Codifying Choice of Law Around the World will serve as an indispensable point of reference for any serious study or discussion of PrIL, and comparative law.
Category: Law

Retail Depositor And Retail Investor Protection Under Eu Law

Author : Constantinos Tokatlides
ISBN : 9781317224204
Genre : Business & Economics
File Size : 56.68 MB
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Retail Depositor and Retail Investor Protection under EU Law offers an original perspective on EU financial law in the area of retail investor protection, examining the status of protection awarded by EU law to retail depositors and retail investors in the event of financial institution failure. The analysis of relevant EU law is on the basis of effectiveness and has been elaborated in two levels of comparison. The first comparative approach examines relevant EU law both externally and internally: externally, vis-à-vis relevant international initiatives and developments in the area of financial law, as the latter affect the features and evolution of EU law, and internally by examining relevant instruments of EU law with regard to each other as to their normative structure and content. The second comparative approach also examines the status of retail depositors in relation to that of retail investors under EU law, in the event of financial institution failure, and the relevant legal consequences thereof.
Category: Business & Economics

Cross Border Enforcement Of Claims In The Eu

Author : Mikael Berglund
ISBN : 9789041128614
Genre : Law
File Size : 80.3 MB
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This book focuses on preventive security arrangements and precautionary measures that offer creditors the widest possible assurance of obtaining an enforceable cross border title of execution and recovering claims in the event of non-payment by the debtor - all while adhering closely to such guiding principles as efficiency, legal certainty, predictability, and the establishment of a proper balance between the interests of the claimant and the defendant. The author pays close attention to relevant factors as the following the debtor's privacy interest, the creditor's efficiency interest, legal principles of non-discrimination, proportionality, territoriality, universality, and mutuality; the role of regulated enforcement and recovery agents; a foreign State's immunity against civil execution measures; recognition and enforceability of titles of execution; interim measures; grounds of non-recognition or refusal and other obstacles to enforcement or recovery; periods of limitation; enforcement of a contested claim; appeals; costs and repayment; referral provisions to national laws; access to information for enforcement purposes in the international context; the possible alternative to cross border enforcement of claims, international insolvency; disqualification orders for non-serious or illegal business activity. The analysis considers the provisions of applicable legal instruments, including the Brussels I Regulation, the European Enforcement Order for Uncontested Claims, the European Order for Payment Procedure, the European Small Claims Procedure, the Nordic Convention on Recognition and the Enforcement of Judgments in Civil Matters, the New York Convention on Foreign Arbitral Awards, the European Convention on Human Rights, the European State Immunity Convention, and the Vienna Conventions on Diplomatic and Consular Relations, as well as EC law on tax claims, the Recovery Directive, the OECD Convention on Mutual Administrative Assistance in Tax Matters, the Nordic Agreement on Assistance in Tax Matters, and EC law and conventions on insolvency. Case law at every level, including ECHR and ECJ case law, is drawn on liberally. No other work on the cross border enforcement of contractual money law claims and tax law claims in the EU has anything like the depth and breadth of this analysis.
Category: Law

Protected Cell Companies

Author : Nigel Feetham
ISBN : 9781904905929
Genre : Business & Economics
File Size : 84.59 MB
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The right of Nigel Feetham and Grant Jones to be identified as the authors of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act, 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording and/or otherwise without the prior written permission of the Publishers. This book may not be lent, resold, hired out or otherwise disposed of by way of trade in any form, binding or cover other than that in which it is published without the prior written consent of the publishers. Note from the authors and publisher: This book is not intended to offer legal, tax or regulatory advice. No liability is accepted by the authors, publishers or their servants or agents for the use of information contained herein in any circumstances. Nor are the authors, publishers or their servants or agents responsible for any errors or omissions within the book. The documents provided in the Appendices to this book are for guidance purposes only and should not be treated as definitive. No resemblance to any company or entity is intended nor should be inferred from any documentation. Where statutory or legal references are cited anywhere in the book, the primary sources should be checked before they are even relied upon.
Category: Business & Economics

The European Insolvency Regulation

Author : Miguel Virgós Soriano
ISBN : 9789041120892
Genre : Law
File Size : 29.87 MB
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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.
Category: Law