Insolvency Law has finally become a field of law for which harmonisation at a European level is considered both … about the goals of insolvency law and therefore a European debate on bankruptcy theory. Bankruptcy theory, and most notably … the influential Creditors' Bargain Theory, has long viewed insolvency law as a set of rules for overcoming common pool …

This paper critically reviews the EU Commission's proposals for a reform of the European Insolvency Regulation (EIR … businesses is not an end in itself. Further, the Commission is too cautious regarding the harmonisation of substantive insolvency …

comparative analysis of the laws of France, Germany and England to ask whether the unique history of insolvency law makes it more … harmonisation of insolvency law, has ignored the greater challenge that differences in political ideologies pose.The paper uses a …

guaranteed by the EC Treaty. This article applies the abuse of law concept to European insolvency law questions. Of central … importance here are the rules determining jurisdiction to open main insolvency proceedings under the European Insolvency … article starts by exploring the context of the debate on abuse of lawwith respect to European insolvency law. It is …

Since 2011, the European legislator has taken a new course of action on business failure and insolvency. For a long … time, substantive harmonisation was considered unfeasible in the area of insolvency law, however, the developments over the … Insolvency Law'. In part three some observations will be made with regard to the recent developments in the EU, including a …

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 …

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 …

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 …