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Rescue of Business in Europe (Hardcover)
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Rescue of Business in Europe (Hardcover)
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This edited volume is based on the European Law Institute's (ELI)
project 'Rescue of Business in Insolvency Law'. The project ran
from 2013 to 2017 under the auspices of the ELI and was conducted
by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan
Boon. The study sought to design (elements of) a legal framework
that will enable the further development of coherent and functional
rules for business rescue in Europe. This includes certain
statutory procedures that could better enable parties to negotiate
solutions where a business becomes financially distressed. Such a
framework also includes rules to determine in which procedures and
under which conditions an enforceable solution can be imposed upon
creditors and other stakeholders despite their lack of consent. The
project had a broad scope, and extended to consider frameworks that
can be used by (non-financial) businesses out of court, and in a
pre-insolvency context. Part I of this book, the ELI Instrument as
approved by the ELI Council and General Assembly, features 115
recommendations on a wide variety of themes affected by the rescue
of financially distressed businesses, such as the legal rules for
professions and courts, treatment and ranking of creditors' claims,
contract, corporate and labour law as well as laws relating to
transaction avoidance. Part II consists of national reports that
sketch the legal landscape in 13 States and of an 'Inventory Report
on International Recommendations from Standard-Setting
Organisations', both of which provided insight for the drafting of
the Instrument. This volume is designed to assist those involved in
a process of law reform and those setting standards for soft law in
the business rescue context.
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