In recent years experience has shown that the complex issues raised by
cross-border insolvencies cannot be adequately addressed by existing
national bankruptcy law regimes. In order to deal effectively with
such emerging factors as multi-jurisdictional intellectual property
rights and contractual issues surrounding employment or immovable
property - as well as such long-standing problem areas as choice of
law and recognition of judgments - a system of international
bankruptcy and insolvency law is sorely needed. This important
monograph shows how such a system is ready to hand in Europe and
potentially available at a global level.
As an obvious step in this direction, Professor Torremans examines the
EU Regulation on Insolvency Proceedings. He analyses all its
provisions in detail, and sets out the solution it puts in place,
partial and imperfect as it may be. He concludes that within the EU
this Regulation promises to improve matters substantially, and that it
bodes well to become a model for international co-operation in this
area.
To demonstrate the need for a coherent cross-border insolvency law
regime, Professor Torremans first describes two very different
national approaches, those of Belgium and the United Kingdom. He
explores these two traditional approaches in detail, stressing their
practical applications, and finds neither system can offer a
satisfactory solution in a cross-border context.
Finally, recognising that this problem does not stop at the EU's
borders, Professor Torremans examines the UNCITRAL Model Law in detail
to see whether it does indeed make a useful contribution.
_Cross Border Insolvencies in EU, English and Belgian Law_ is a
valuable and highly practical analysis that can immediately be put to
good use by practitioners and officials charged with the organisation
of bankruptcy and insolvency proceedings anywhere in the world.
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Produktdetaljer
ISBN
9789041179906
Publisert
2020
Utgiver
Kluwer Law International B.V.
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter