European Cross-Border Insolvency Law
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 12 August 2022
- ISBN 9780198854098
- Binding Hardback
- No. of pages384 pages
- Size 252x175x25 mm
- Weight 820 g
- Language English 268
Categories
Short description:
This book analyses Regulation (EU) 2015/848 on Insolvency Proceedings (EIR), recasting Regulation (EU) 1346/2000, and related sources of law regulating intra-member state cross-border insolvency. The new edition analyses the application of the Recast Regulation, Brexit, and the Directive (EU) 2019/1023 on preventive restructuring and insolvency.
MoreLong description:
The first edition of this textbook was published in 2016, but since then the legal and factual scenario of European cross-border insolvency law has changed dramatically. In particular, three main events have occurred. First of all, the prescriptions of Regulation (EU) 2015/848 (Recast) have become applicable; second, the UK has left the European Union, without this completely reducing the meaning of the regulation for the UK though; and third, the European Union has enacted Directive (EU) 2019/1023 on preventive restructuring and insolvency.
Moreover, since 2016, the Court of Justice of the European Union (CJEU) has delivered significant new judgments, albeit regarding the Regulation (EU) 1346/2000; national courts have started applying the prescriptions of Regulation (EU) 2015/848; scholars have produced numerous papers and commentaries on Regulation (EU) 2015/848; and the United Nations Commission on International Trade Law (UNCITRAL) has issued relevant new documents such as the 2018 'Model Law on Recognition and Enforcement of Insolvency-Related Judgments' and the 2019 'Model Law on Enterprise Group Insolvency'.
The second edition of this textbook maintains its original purpose of providing readers with a user-friendly framework so that they may understand the rationale of Regulation (EU) 2015/848 and be consistent in their application of its prescriptions. However, in order to analyse the impact of the new events and discuss the most recent interpretations of judges and scholars, each chapter has been given new bibliographical references, supplemented with further observations, and, in some cases, even reorganised.
This book represents an essential addition to the libraries of any university, practitioner and researcher specialising in cross-border insolvency. It comes as highly recommended for anyone with professional and/or academic interest in European crossborder insolvency issues. It is a comprehensive comparative text, as well as an essential, authoritative and superbly written guide to the key issues in the area.
Table of Contents:
Introduction
Scope of the EIR
International Jurisdiction
Law Applicable
Recognition and Enforcement
Legal Status, Information, and Cooperation between Participants
Secondary Insolvency Proceedings
Group Insolvencies