Insolvency in Private International Law: Supplement to Second Edition
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 15 March 2007
- ISBN 9780199288731
- Binding Paperback
- No. of pages154 pages
- Size 234x156x18 mm
- Weight 252 g
- Language English 0
Categories
Short description:
This supplement to the second edition covers key developments in case law and legislation in the subject up to October 2006, and is an essential purchase for all who have already bought the main work. It includes the full text of the Cross-Border Insolvency Regulations 2006, along with commentary on the regulations. The supplement also includes the text of Council Regulation 694/2006, amending EC Regulation 1346/2000 on insolvency proceedings, and references to key developments in case law, linking back to the relevant paragraphs in the main work.
MoreLong description:
This supplement to the second edition of Insolvency in Private International Law covers the key developments in case law and legislation in the subject up to October 2006, and is an essential purchase for all who have already bought the main work.
It includes the full text of the Cross-Border Insolvency Regulations 2006, along with commentary on the regulations. The supplement also includes the text of Council Regulation 694/2006, amending EC Regulation 1346/2000 on insolvency proceedings, and references to key developments in case law, including Eurofood IFSC Ltd, Daisytek ISA, and Cambridge Gas Transport Corp v Official Committe of Unsecured Creditors of Navigator Holdings plc. The commentary on case developments links back to the relevant paragraph in the main work.
The main work deals with the problems generated by those cases of insolvency (either of an individual or of a company) where the presence of contacts with more than one system of law brings into operation the principles and methods of private international law (also known as conflict of laws).
Part I of the main work is mainly devoted to an examination of the body of rules and practice that has evolved in England during the course of the past two-and-a-half centuries, and surveys the current state of the law derived from a blend of statutory and case authorities. Contrasting approaches under a selection of foreign systems - principally Australia, Canada, France and the USA - are examined by way of comparison. There are up to date accounts of the circumstances under which insolvency proceedings can be opened in respect of debtors which are not primarily based in England, and of the grounds on which English courts will recognise foreign insolvency proceedings and give assistance to the foreign representative of the debtor's estate.
Part II of the main work explores the progress towards the creation of international arrangements to co-ordinate and rationalise the conduct of insolvency proceedings which have cross-border features, particularly where the debtor is capable of being subjected to concurrent proceedings in two or more jurisdictions. Central to the developments described in detail in this Part are the EC Regulation on Insolvency Proceedings, in force throughout the UK since May 2002, and the UNCITRAL Model Law on Cross-Border Insolvency, which was due for enactment in the UK.
The main work of the second edition and the supplement are also available as a set (ISBN 9780199214952: £160)
Review from previous edition For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. ... This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. ...anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves.
Table of Contents:
Cross-Border Insolvency Regulations 2006
Explanatory Memorandum to the Cross-Border Insolvency Regulations 2006
Commentary on the Cross-Border Insolvency Regulations 2006
Council Regulation 694/2006 amending the lists of insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings
Case Developments
