International Insolvency Law: National Laws and International Texts

Bankruptcy / Insolvency

International Insolvency Law: National Laws and International Texts

By Elina Moustaira
Springer-Verlag January 2019

Specifications

ISBN-13
9783030044497
Publisher
Springer-Verlag
Publication
January 2019
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences.

It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries' insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.

Table of Contents

Introduction
Insolvency - International Insolvency
Influences - Legal Transplants
European Union
UNCITRAL Model Law 1997
Protocols
Groups of Companies
Restructuring
Conclusions.
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