The Harmonisation of Transaction Avoidance in the EU

The Harmonisation of Transaction Avoidance in the EU
Author :
Publisher : Edward Elgar Publishing
Total Pages : 231
Release :
ISBN-10 : 9781803928388
ISBN-13 : 1803928387
Rating : 4/5 (88 Downloads)

Synopsis The Harmonisation of Transaction Avoidance in the EU by : Oriana Casasola

This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations.

Harmonisation of Transactions Avoidance Laws

Harmonisation of Transactions Avoidance Laws
Author :
Publisher :
Total Pages : 1000
Release :
ISBN-10 : 183970182X
ISBN-13 : 9781839701825
Rating : 4/5 (2X Downloads)

Synopsis Harmonisation of Transactions Avoidance Laws by : Reinhard Bork

This book focuses on the harmonisation of transactions avoidance laws in the EU. Based on national reports from 24 jurisdictions and employing a principle-based approach, it proposes a new Model Law which, in nine sections, provides for legal certainty as to which transactions should (or should not) be challengeable in all Member States under the same conditions.

Principles of European Insolvency Law

Principles of European Insolvency Law
Author :
Publisher :
Total Pages : 686
Release :
ISBN-10 : 9041123911
ISBN-13 : 9789041123916
Rating : 4/5 (11 Downloads)

Synopsis Principles of European Insolvency Law by : W. W. McBryde

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.

Cross-Border Insolvency Proceedings

Cross-Border Insolvency Proceedings
Author :
Publisher : Taylor & Francis
Total Pages : 196
Release :
ISBN-10 : 9781040025260
ISBN-13 : 1040025269
Rating : 4/5 (60 Downloads)

Synopsis Cross-Border Insolvency Proceedings by : Remigijus Jokubauskas

This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.

Transaction Avoidance in Insolvencies

Transaction Avoidance in Insolvencies
Author :
Publisher : Oxford University Press, USA
Total Pages : 720
Release :
ISBN-10 : 0198793405
ISBN-13 : 9780198793403
Rating : 4/5 (05 Downloads)

Synopsis Transaction Avoidance in Insolvencies by : Rebecca Parry

The third edition of Transaction Avoidance in Insolvencies considers all the possible ways in which a vulnerable transaction might be attacked, as well as practical issues that can arise in a typical transaction avoidance case. This new edition has been fully updated to reflect recent legislative amendments arising from the revision of the Insolvency Rules 1986, which came into force in 2017. The text also now incorporates an international dimension, which includes an analysis of the revised EU Regulation on Insolvency Proceedings. There is also.comprehensive coverage of important new case law. Written by a team of well-known specialists, Transaction Avoidance in Insolvencies provides a detailed account of this complex area from a practical perspective.

Recasting the Insolvency Regulation

Recasting the Insolvency Regulation
Author :
Publisher : Springer Nature
Total Pages : 134
Release :
ISBN-10 : 9789462653634
ISBN-13 : 9462653631
Rating : 4/5 (34 Downloads)

Synopsis Recasting the Insolvency Regulation by : Vesna Lazić

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

Harmful Tax Competition An Emerging Global Issue

Harmful Tax Competition An Emerging Global Issue
Author :
Publisher : OECD Publishing
Total Pages : 82
Release :
ISBN-10 : 9789264162945
ISBN-13 : 9264162941
Rating : 4/5 (45 Downloads)

Synopsis Harmful Tax Competition An Emerging Global Issue by : OECD

Tax competition in the form of harmful tax practices can distort trade and investment patterns, erode national tax bases and shift part of the tax burden onto less mobile tax bases. The Report emphasises that governments must intensify their cooperative actions to curb harmful tax practices.

Harmonization of Criminal Law in Europe

Harmonization of Criminal Law in Europe
Author :
Publisher : Intersentia nv
Total Pages : 175
Release :
ISBN-10 : 9789050954747
ISBN-13 : 905095474X
Rating : 4/5 (47 Downloads)

Synopsis Harmonization of Criminal Law in Europe by : Erling Johannes Husab©ı

"Colloquium ... was held at the Faculty of Law, University of Bergen on 20-21 February 2004"--P. v.

European Insolvency Law

European Insolvency Law
Author :
Publisher : Edward Elgar Publishing
Total Pages : 505
Release :
ISBN-10 : 9781786433312
ISBN-13 : 1786433311
Rating : 4/5 (12 Downloads)

Synopsis European Insolvency Law by : Gerard McCormack

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.

Reinventing Insolvency Law in Emerging Economies

Reinventing Insolvency Law in Emerging Economies
Author :
Publisher : Cambridge University Press
Total Pages : 341
Release :
ISBN-10 : 9781009431712
ISBN-13 : 1009431714
Rating : 4/5 (12 Downloads)

Synopsis Reinventing Insolvency Law in Emerging Economies by : Aurelio Gurrea-Martínez

This book explains how and why insolvency law in emerging economies needs to be reinvented. It starts by examining the importance of insolvency law for the promotion of economic growth as well as the similarities and divergences in the design of insolvency law around the world. The central thesis of the book is that insolvency law in emerging economies fails to serve as a catalyst for growth. It is argued that this failure is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies. The book also provides a critical analysis of the design of insolvency law in many advanced economies where the insolvency system has proven to be unattractive for debtors, creditors or both. Therefore, in addition to suggesting a new insolvency framework for emerging economies, this book ultimately invites readers to rethink insolvency law.