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Current Issues in European Financial and Insolvency Law: Perspectives from France and the UK

Edited by: Wolf-Georg Ringe, Louise Gullifer, Philippe Thery

ISBN13: 9781841139357
Published: June 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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Recent case-law and legislation in European company and insolvency law have significantly furthered the integration of European business regulation. In particular, the case-law of the European Court of Justice and the introduction of the EU Insolvency Regulation have provided the stimulus for current reforms in various jurisdictions in the fields of insolvency and financial law.

The UK, for instance, has adopted the Enterprise Act in 2002, designed, inter alia, to enhance enterprise and to strengthen the UK’s approach to bankruptcy and corporate rescue. In a similar vein, a recent reform in France has modernised French insolvency law and even introduced a tool similar to the successful English ‘company voluntary arrangement’ (CVA).

This book provides a collection of studies by some of the leading English and French experts today, analysing current perspectives of insolvency and financial law in Europe, both on the national as well as on the European level.

Subjects:
Insolvency Law, Banking and Finance
Contents:
1. The Evolution of Insolvency Law in France
Philippe Théry
2. The Reforms of the Enterprise Act 2002 and the Floating Charge as a Security Device
Louise Gullifer
3. The Effect of the Enterprise Act 2002: Empirical Research into Corporate Insolvency
Sandra Frisby
4. Comment and Summary
Philippe Théry
5. Strategic Insolvency Migration and Community Law
Wolf-Georg Ringe
6. The ‘Centre of the Debtor’s Main Interests’: Comments on the Eurofood Judgment of the ECJ
Georges Khairallah
7. European Insolvency Proceedings and Party Choice: Comment
John Armour
8. The Recent Influence of Insolvency Law on the Evolution of Security in French Law
Pierre Crocq
9. Guarantees and Collective Procedures
Laurent Leveneur
10. Comments and Discussion Report
Hugh Beale
11. The Exclusion of Certain Creditors from the Law of Collective Proceedings
Hervé Synvet
12. How Do the Courts Choose between Different Bankruptcy Outcomes? The Results of a French Survey
Régis Blazy, Betrand Chopard, Agnès Fimayer and Jean-Daniel Guigou
13. Comments and Discussion Report
Robert Stevens
14. Summary
Wolf-Georg Ringe and Louise Gullifer

Series: Studies of the Oxford Institute of European and Comparative Law

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General Principles of Law: European and Comparative Perspectives ISBN 9781509933099
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New Economic Constitutionalism in Europe (eBook) ISBN 9781509909650
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New Economic Constitutionalism in Europe ISBN 9781509909629
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Discretion in EU Public Procurement Law ISBN 9781509919482
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Discretion in EU Public Procurement Law (eBook) ISBN 9781509919499
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£39.59
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The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509911608
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£130.00
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General Principles of Law: European and Comparative Perspectives ISBN 9781509910717
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£120.00
The Unitary EU Patent System ISBN 9781509914173
Published June 2017
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£31.99
General Principles of Law: European and Comparative Perspectives (eBook) ISBN 9781509910700
Published June 2017
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£40.49
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Passing Wealth on Death: Will-Substitutes in Comparative Perspective ISBN 9781849466981
Published July 2016
Hart Publishing
£100.00
£90.00
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£39.99
The Unitary EU Patent System (eBook) ISBN 9781849469401
Published February 2015
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£28.79
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The Unitary EU Patent System ISBN 9781849466196
Published February 2015
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£85.00
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The Involvement of EU Law in Private Law Relationships (eBook) ISBN 9781782251057
Published March 2013
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£117.00
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The Involvement of EU Law in Private Law Relationships ISBN 9781849463300
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£130.00
Protection of Fundamental Rights in the EU After Lisbon ISBN 9781849464437
Published January 2013
Hart Publishing
£85.00
Protection of Fundamental Rights in the EU After Lisbon (eBook) ISBN 9781782250593
Published January 2013
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£76.50
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Constitutional Pluralism in the European Union and Beyond ISBN 9781849461252
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£150.00
Constitutional Pluralism in the European Union and Beyond (eBook) ISBN 9781847318923
Published February 2012
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£135.00
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Prohibition of Abuse of Law: A New General Principle of EU Law ISBN 9781841139388
Published June 2011
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£160.00
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Article 82 EC: Reflections on Its Recent Evolution
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Reforming the French Law of Obligations ISBN 9781841138053
Published April 2009
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£195.00
Performance-Oriented Remedies in European Sale of Goods Law ISBN 9781841138930
Published January 2009
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£95.00
Forum Shopping in the European Judicial Area ISBN 9781841137834
Published December 2007
Hart Publishing
£95.00
Better Regulation ISBN 9781841137155
Published June 2007
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£95.00
Constitutionalism and the Role of Parliaments ISBN 9781841136431
Published June 2007
Hart Publishing
£90.00
Human Rights and Private Law: Privacy as Autonomy ISBN 9781841137148
Published April 2007
Hart Publishing
£80.00
Human Rights and Private Law: Privacy as Autonomy (eBook) ISBN 9781847317025
Published April 2007
Hart Publishing
£72.00
(ePub)
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The Public Law/Private Law Divide: Une entente assez cordiale? ISBN 9781841136356
Published March 2006
Hart Publishing
£85.00