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Cross Border Insolvencies in EU, English and Belgian Law (Hardcover)
Loot Price: R5,094
Discovery Miles 50 940
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Cross Border Insolvencies in EU, English and Belgian Law (Hardcover)
Series: European Monographs Series Set
Expected to ship within 10 - 15 working days
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Experience has shown that the complex issues raised by cross-border
insolvencies cannot be adequately addressed by existing national
bankruptcy law regimes. In order to deal effectively with such
emerging factors as multi-jurisdictional intellectual property
rights and contractual issues surrounding employment or immovable
property - as well as such long-standing problem areas as choice of
law and recognition of judgments - a system of international
bankruptcy and insolvency law is needed. This monograph shows how
such a system is ready to hand in Europe and potentially available
at a global level. As an obvious step in this direction, Professor
Torremans examines the EU Regulation on Insolvency Proceedings. He
analyses all its provisions in detail, and sets out the solution it
puts in place, partial and imperfect as it may be. He concludes
that within the EU this Regulation promises to improve matters
substantially, and that it bodes well to become a model for
international co-operation in this area. To demonstrate the need
for a coherent cross-border insolvency law regime, Professor
Torremans first describes two very different national approaches,
those of Belgium and the United Kingdom. He explores these two
traditional approaches in detail, stressing their practical
applications, and finds neither system can offer a satisfactory
solution in a cross-border context. Finally, recognising that this
problem does not stop at the EU's borders, Professor Torremans
examines the UNCITRAL Model Law in detail to see whether it does
indeed make a useful contribution.
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