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Security Rights and the European Insolvency Regulation (Hardcover)
Loot Price: R3,868
Discovery Miles 38 680
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Security Rights and the European Insolvency Regulation (Hardcover)
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Security rights are of fundamental importance to the granting of
credit. They are generally considered to increase the availability
and lower the cost of credit but there appear to be divergent views
across Europe and elsewhere on the extent to which it should be
possible to create security rights over assets.Moreover, laws in
many countries - avoidance laws - strike at advantage gaining by
creditors in the period immediately before formal insolvency
proceedings are instituted. It is seen as potentially unfair to
other creditors who may be forced into taking enforcement
proceedings against the debtor and this may precipitate the
premature liquidation of the debtor with an overall loss of
economic value.The book will assess the conception of security
rights according to the different European legal traditions.It will
also evaluate the appropriateness of the protection given to
security rights in light of:- developments in those European legal
traditions;- the objective of the Insolvency Regulation to
facilitate the more effective administration of cross-border
insolvency cases; - the need for security in the context of the
financial crisis;- the basic principles of ensuring fairness
between creditors;- forestalling premature liquidation; and-
reinforcing the collective nature of the insolvency process. The
growth strategy put forward by the European Commission, Europe
2020, is designed to achieve economy recovery and sustainable
growth, targeting as primary goals a higher investment rate and the
preservation of employment. The rescue of troubled enterprises is
at the core of this strategy and the book plots the alignment
between this strategy and the evolution of the Insolvency
Regulation.The objective is to facilitate a situation where
economic and social systems are adaptable, resilient and fair;
where economic activity is sustainable; and where human values are
respected.
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