European Cross-border Insolvency Regulation: A Study of Regulation 1346/2000 on Insolvency Proceedings in the Light of a Paradigm of Co-operation and a Comitas Europaea
Intersentia nv, 2005 - 383 strani
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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According application Bankr border insolvency centre of main chapter choice of law claims co-ordination Community law concerned conflicts of law contract Convention on Insolvency Council Regulation Court cross-border insolvency regulation Dalhuisen debtor debtor’s assets deployment distribution duty of co-operation economic effects of insolvency European Community Fletcher foreign insolvency foreign proceeding foreign representative free movement freedoms Insolvency Act 1986 Insolvency in Private insolvency law insolvency proceedings Int’l International Insolvency Internationale judgment lex causae lex fori concursus lex rei sitae limited liquidator main proceedings measures Member State’s national law obstacles to trade opening of secondary Paradigm of Co-operation parties private international law Privatrecht protection RabelsZ recognition regarding regime Regulation’s regulatory jurisdiction reorganisation Report Virgós-Schmit request respect result rules of private s/he scope secondary proceedings secured creditors security rights sister Member struggle over jurisdiction Struggle to Co-operation substantive transactions Treaty UNCITRAL United Kingdom vency Wilmowsky winding-up