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European Insolvency Law

Paul J. OmarLecturer, University of Wales, Swansea

ISBN13: 9780754623335
ISBN: 0754623335
Published: June 2004
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print



International insolvency, the subject of this book, is a newly established branch of the study of insolvency, which owes a great deal to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. In addition to being a study of law and economics, there is the complication of private international law and the conflict of legal rules, due to the involvement of more than one legal order.

The book examines mechanisms which have been devised to promote international co-operation, by organizations such as the EU and UNCITRAL, and also looks at the role of courts and the scope for co-operation between judges.

Subjects:
Insolvency Law
Contents:
Introduction: the foundations of international insolvency
The organisation of insolvency across borders. European Insolvency Initiatives: Early European Community initiatives
The Council of Europe convention 1990
The European insolvency convention 1995. The European Regulation on Insolvency Proceedings 2000: Jurisdiction and co-ordination rules
Recognition and choice of law rules
The impact on domestic practice
The jurisdictional paradigm
The protection of security interests. Future Developments in Europe: The European legal order in insolvency.