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Corporate Recovery in an Integrated Europe - Harmonisation, Coordination, and Judicial Cooperation (Hardcover)
Loot Price: R3,299
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Corporate Recovery in an Integrated Europe - Harmonisation, Coordination, and Judicial Cooperation (Hardcover)
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Exploring the considerable qualitative research conducted by the
Judicial Cooperation in Economic Recovery (JCOERE) Project, this
book provides a rich analysis of the questions surrounding the
contrasting legal traditions and cultures within the European
framework. Building on existing research, this book analyses the EU
Directive (2019) harmonising 'preventive restructuring' law in a
number of member states of the EU. Embodying a modern approach to
business failure involving radical concepts, it examines the
imposition of a stay or moratorium, the process of agreeing a
compromise of existing debt through cram-down and final approval,
and ultimately financing the rescued business into the future.
These concepts are considered in addition to the obligations
imposed on courts through EU Regulation (2015) to cooperate in
cross-border litigation in insolvency generally. Chapters also
provide a critical analysis of legal texts and commentary, studying
the development of the Preventive Restructuring Directive (PRD) and
domestic preventive restructuring processes. Critically considering
the legal initiatives affecting business rescue within a broader EU
legal context, this book will be an insightful read for EU
policy-makers and insolvency lawyers and practitioners. Academics
and researchers with an interest in European law and EU integration
will also benefit from this comprehensive book.
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