Showing 41 - 50 of 22,127
The "Centre of Main Interests" ("COMI") is one of the most relevant concepts in the international insolvency scene. It … is used as the main criterion to assign jurisdiction in cross border insolvency cases in the vast majority of the … European countries, the United States and every state that has incorporated UNCITRAL's Model Law on Cross Border Insolvency …
Persistent link: https://www.econbiz.de/10013012352
This article advances detailed proposals for a European Personal Insolvency Directive as part of the European … Commission's ongoing insolvency initiative. The Commission has been struggling with "soft" coordination of insolvency proceedings … of these laws. A process firmly concentrated on business restructuring has recently expanded to personal insolvency writ …
Persistent link: https://www.econbiz.de/10012985970
The European Insolvency Regulation of 29 May 2000 was designed to ensure that the insolvency laws of EU Member States … which insolvency proceedings can be opened in Member States and supplies rules to regulate the scope and effects of, and the … insolvency in a single set of proceedings, opened in one Member State but effective in others, or at least — in cases where the …
Persistent link: https://www.econbiz.de/10012992874
imposed on courts in the Recast Regulation 848/2015 to co-operate in insolvency matters. Focussing on restructuring and rescue … European judiciary at large in how such matters could be dealt with in cross-border insolvency cases …
Persistent link: https://www.econbiz.de/10013219593
The EU Commission is considering a project for a European Bankruptcy Code. This Article considers what it should cover, how such a Code should relate to Member State private laws, what should be unified or harmonized, and whether the EU has sufficient competency in these matters to complete a...
Persistent link: https://www.econbiz.de/10013223979
This article overall explores the legislative changes in corporate insolvency law that occurred over the past number of … the variations that can be found in the different Member States for the harmonisation of insolvency laws movement … current changes occurring within the Community. It especially looks at the European insolvency legal framework, notably the …
Persistent link: https://www.econbiz.de/10013031915
After ten years, the European Insolvency Regulation (EIR, Council Regulation n. 1346/2000) is going to be reformed. The … fundamental freedom of establishment with the distortions caused by the "insolvency tourism". My final purpose is to confirm the …
Persistent link: https://www.econbiz.de/10013062613
Considering the fact that participation in insolvency proceedings may be viewed as an entry-mode for investment in a … foreign market, as well as a form of business wind-up, this paper investigates the relation between the quality of insolvency … EU internal market, their definition is missing in the European Treaties. Similarly, despite insolvency laws being …
Persistent link: https://www.econbiz.de/10013063975
Persistent link: https://www.econbiz.de/10012338841