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The ad hoc institutional configurations that facilitated the resolution of sovereign insolvency for over thirty years are fragmenting. In the absence of an acceptable alternative, the recent pari passu decision reveals the dangers of common law courts pressured to enforce contracts and paper...
Persistent link: https://www.econbiz.de/10012964768
A comparison of American, French, Russian, and Lithuanian rules regarding the return of property which has been transferred to a bona fide purchaser, with a special focus on Lithuanian law. Lithuanian law turns French law upside down, strengthening the security of acquisitions in relation to...
Persistent link: https://www.econbiz.de/10013150955
Persistent link: https://www.econbiz.de/10013152485
The European Commission has been working to promote reform and modernisation of restrictive regulation in the professional services area since 2002. This underlines wide disparities in levels of regulation across the EU and reveals links between excessive regulation and economic inefficiency....
Persistent link: https://www.econbiz.de/10013154682
Dutch company law is undergoing tumultuous times. Much is changing in the legislation. For example, a major revision of private limited company law is imminent. The courts are constantly presented with more and more difficult issues. Precisely in such times, there is a need for guiding ideas....
Persistent link: https://www.econbiz.de/10013154771
The scientific interest has arisen from many questions related to the collateral with title transfer of the ownership. Why EU law adopted an old and prohibited for many centuries and many legal systems title transfer collateral in Financial Collateral Directive (FCD)? Through the centuries it...
Persistent link: https://www.econbiz.de/10013156339
As technologies change and the scale of human activity grows, so, too, does the law. The surge of oil and gas production in the United States, spurred by hydraulic fracturing in shale formations, has fomented a sea change in oil and gas law, substantially infusing this area with more complex...
Persistent link: https://www.econbiz.de/10012833368
This paper explores the legal risks involved in depositing cryptocurrency with crypto-custodians such as crypto-exchanges. These risks materialize most acutely in case these crypto-custodians fall insolvent, which has happened over the last decade in several instances. Recent years have...
Persistent link: https://www.econbiz.de/10012835456
This essay revisits earlier work on the relationship between insolvency law and secured credit, the role of secured transactions law reforms, and the benefits of secured credit. These complex relationships require a holistic approach toward reforms of secured transactions law and insolvency law....
Persistent link: https://www.econbiz.de/10012835520
This manuscript will appear as a chapter in a forthcoming edited volume published by Hart Publishing, Secured Transactions Law in Asia: Principles, Perspectives and Reform (Louise Gullifer & Dora Neo eds., forthcoming 2020). It focuses on a set of principles (Modern Principles) that secured...
Persistent link: https://www.econbiz.de/10012836086