Recasting the Insolvency Regulation : Improvements and Missed Opportunities / edited by Vesna Lazić, Steven Stuij.

Format:

Book

Contributor:

Lazić, Vesna., Editor.

Stuij, Steven., Editor.

Series:

Short Studies in Private International Law, 2522-8153

Language:

English

Subjects (All):

Conflict of laws.

International law.

Comparative law.

Law--Europe.

Law.

Taxation--Law and legislation.

Taxation.

Private International Law, International and Foreign Law, Comparative Law.

European Law.

Fiscal Law.

Local Subjects:

Private International Law, International and Foreign Law, Comparative Law.

European Law.

Fiscal Law.

Physical Description:

1 online resource (134 pages).

Edition:

1st ed. 2020.

Place of Publication:

The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press, 2020.

Summary:

This book comprises contributions relating to the Insolvency Regulation Recast, which recently entered into force. The authors analyse the changes introduced and give their views on the improvements that are thereby achieved. In other words, they assess to what extent the amendments have mitigated the disadvantages of the previous Insolvency Regulation. Three of the chapters concentrate on the issues pertaining to jurisdiction, such as the 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 within the framework of the Insolvency Regulation Recast is discussed. Also, the relevance and consequences of recent developments in corporate law for the current crossborder insolvency framework, as well as the jurisdictional issues concerning approval requirements areamongst the matters addressed. Aside from the jurisdictional matters, the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossborder cooperation between national authorities in the field of insolvency is touched upon. To conclude, this book covers a range of specific and intriguing topics brought up by the Insolvency Regulations Recast. This third volume in the Short Studies in Private International Law Series is primarily aimed at legal academics dealing with cross-border insolvency, but it will also prove useful to insolvency judges and practitioners, as well as those specialised in financial and fiscal law. Finally, advanced students as well as those with a general interest in insolvency law will also find it of added value. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute and Associate Professor of Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert in private international law and PhD Candidate at the Erasmus School of Law, Rotterdam.

Contents:

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.

ISBN:

94-6265-363-1