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Recasting the Insolvency Regulation: Improvements and Missed Opportunities

Recasting the Insolvency Regulation: Improvements and Missed Opportunities

Author: Vesna Lazic; Steven Stuij
Publisher: T.M.C. Asser Press
ISBN: 9789462653658
Published In: January 2021
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation.

Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor's centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements are amongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called 'avoidance actions' is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast.

This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value.

Chapter 1. Insolvency Forum Shopping, Revisited

Chapter 2. Contracting around insolvency jurisdiction: private ordering in European insolvency jurisdiction rules and practices

Chapter 3. Jurisdictional rules on approval requirements in the European Insolvency Regulation Recast

Chapter 4. The law applicable to the transaction avoidance in cross-border insolvency proceedings

Chapter 5. Cooperation and Communication between Parties in the Management of Cross-Border Parallel Proceedings under the European Insolvency Regulation Recast