The harmonisation of transaction avoidance in the EU / Oriana Casasola.

Format:

• Book

Author/Creator:

• Casasola, Oriana, author.

Contributor:

• Edward Elgar Publishing, publisher.

Language:

English

Subjects (All):

• Bankruptcy--European Union countries.
• Bankruptcy--International unification.
• Fraudulent conveyances--European Union countries.

Physical Description:

1 online resource (230 pages)

Edition:

1st ed.

Other Title:

Harmonisation of transaction avoidance in the European Union

Place of Publication:

Northampton : Edward Elgar Publishing, 2023.

Summary:

"This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations. Combining a private international law approach with substantive rules of transaction avoidance to improve the EU insolvency system, Oriana Casasola examines the theoretical framework of transaction avoidance and harmonisation. Comparing the avoidance actions available within and outside of the insolvency proceedings in England, Germany and Italy, chapters propose an alternative harmonisation of the transaction avoidance rules which fits within the current EU private international law framework. The book concludes by addressing the European Commission's Directive for the harmonisation of certain aspects of insolvency law and evaluates the possible issues emerging from the proposed rules. Offering solutions for harmonisation of existing transaction avoidance regimes, this book will be essential reading for students and scholars of company and insolvency law, corporate law and governance, and EU law. It will also be beneficial for legal practitioners and policymakers interested in international insolvency law"-- Provided by publisher.

Contents:

• Front Matter
• Copyright
• Contents
• Acknowledgements
• Acknowledgement of any previously published material
• 1. Introduction to the harmonisation of transaction avoidance in the EU
• 2. Definitions and theoretical framework of transaction avoidance and harmonisation
• 3. The European Union approach to cross-border insolvency and avoidance actions: issues within the current framework
• 4. A comparative analysis of insolvency transaction avoidance of England, Germany and Italy
• 5. A comparative analysis of private law transaction avoidance claims of England, Germany and Italy
• 6. The harmonisation of transaction avoidance
• Addendum: the proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of insolvency law
• Index.

Notes:

• Description based on print version record.
• Includes index.

ISBN:

1-80392-838-7