This book presents a comprehensive analysis of the regulation of cross-border insolvencies in Europe. Council Regulation 1346/2000 on Insolvency Proceedings forms the natural focal point of such a study. However, while this book explores in detail the background, legal basis as well as the substance of the Regulation, it also contains an examination of the Regulation from two wider perspectives: that of international cross-border insolvency regulation and Community law. The approach adopted by the Regulation to the problems raised by cross-border insolvency forms part of a paradigmatic shift at the global level. The ‘struggle over jurisdiction’ - the natural state of affairs under the old principles of ‘universality & territoriality’ – is increasingly being replaced by co-operation between the jurisdictions involved. The Regulation must be understood against the backdrop of these new cooperative approaches, including the UNCITRAL Model Law and ancillary proceedings. Doing so, this book argues that the co-operative framework of the Regulation is limited and may ultimately not suffice to realise the efficient and effective cross-border proceedings it is aiming for. Although the Regulation is an exponent of this global shift towards cooperation, the legal context in which it operates is nevertheless very different. Community law, as an autonomous legal order, has limited the private international law autonomy of Member States and generated a comitas Europaea. This book argues that Community law and its comitas must be taken seriously. They are an important source of principles to guide courts in the interpretation and application of the Regulation and may reinforce and expand the co-operative mechanisms of the Regulation. Jona Israel obtained his LL.M. at the University of East Anglia, Norwich in 1994 and graduated at the University of Maastricht in 1995. From 1995 to 1998 he was researcher at the European University Institute in Florence, Italy. Since 1998 he has been lecturer at the University of Maastricht, teaching private international law, insolvency law and commercial law.
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Inside This Book
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First Sentence:
Insolvency is a fact of (economic) life. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
draft convention, bankruptcy policy, corporate reorganization, concurrent regulatory jurisdiction, insolvency forum, federal insolvency law, shared regulatory responsibility, insolvency dilemma, independent distributional policies, foreign insolvency law, secondary proceedings, independent territorial proceedings, concursus principalis, main liquidator, insolvency paradigm, national private international law, forum concursus, lex fori concursus, insolvency protocol, secondary forum, main insolvency proceedings, favor offerentis, lexfori concursus, justifying obstacles, elkaar vergeleken Key Phrases - Capitalized Phrases (CAPs): (learn more)
Member States, Council Regulation, Model Law, United States, Section Three, Section Two, Von Wilmowsky, Section One, United Kingdom, Report Virgos-Schmit, Report Virgós-Schmit, Modern Cross-Border Insolvency Regulation From Struggle, Insolvency Act, Intersentia Chapter Eight, Intersentia Chapter Four, Intersentia Chapter Three, Court of Justice, The European Convention, Alpine Investments, Rome Convention, European Community, Intersentia Chapter Five, New Paradigm of Co-operation, Explanatory Report, Bankruptcy Act Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Insolvency is a fact of (economic) life. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
draft convention, bankruptcy policy, corporate reorganization, concurrent regulatory jurisdiction, insolvency forum, federal insolvency law, shared regulatory responsibility, insolvency dilemma, independent distributional policies, foreign insolvency law, secondary proceedings, independent territorial proceedings, concursus principalis, main liquidator, insolvency paradigm, national private international law, forum concursus, lex fori concursus, insolvency protocol, secondary forum, main insolvency proceedings, favor offerentis, lexfori concursus, justifying obstacles, elkaar vergeleken Key Phrases - Capitalized Phrases (CAPs): (learn more)
Member States, Council Regulation, Model Law, United States, Section Three, Section Two, Von Wilmowsky, Section One, United Kingdom, Report Virgos-Schmit, Report Virgós-Schmit, Modern Cross-Border Insolvency Regulation From Struggle, Insolvency Act, Intersentia Chapter Eight, Intersentia Chapter Four, Intersentia Chapter Three, Court of Justice, The European Convention, Alpine Investments, Rome Convention, European Community, Intersentia Chapter Five, New Paradigm of Co-operation, Explanatory Report, Bankruptcy Act Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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