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Insolvency in Private International Law - National and International Approaches (Hardcover, 2Rev ed)
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Insolvency in Private International Law - National and International Approaches (Hardcover, 2Rev ed)
Series: Oxford Private International Law S.
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The book 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 book 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 book 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 is due for enactment in the UK.
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