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techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spectrum of insolvency … and restructuring law, somewhere between a pure contractual workout, the domain of contract law, and a formal insolvency … or rehabilitation proceeding, the domain of insolvency law. While, to date, international insolvency instruments have …
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insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on …
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In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 … lack of appreciation of the different functions performed by the COMI concept under the CBIR and the EC Insolvency …
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establishment of an international body for administering transnational insolvency proceedings. It further addresses the UNCITRAL …
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This essay revisits earlier work on the relationship between insolvency law and secured credit, the role of secured … reforms of secured transactions law and insolvency law. Merely enacting sensible secured transactions laws and insolvency laws …-theorized and warrant more rigorous investigation and analysis.The essay also considers links between both insolvency law and …
Persistent link: https://www.econbiz.de/10012835520
As regards close-out netting provisions and financial collateral arrangements, one of the main consequences of the recent financial crisis has been the review of the privileged status of these instruments. This paper describes, in general terms, these changes and analyzes the policy underlying...
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