Book contents
- Frontmatter
- Dedication
- Foreword
- Preface
- Contents
- Table of Abbreviations
- Table of Cases
- Chapter 1 Setting the Scene
- Chapter 2 Jurisdictional Principles
- Chapter 3 Procedural Principles
- Chapter 4 Substantive Principles
- Chapter 5 Interim Results
- Chapter 6 Conflict of Principles
- Chapter 7 Principles and Harmonisation
- Chapter 8 Concluding Remarks
- Literature
- Index
- About the Author
Chapter 1 - Setting the Scene
Published online by Cambridge University Press: 22 September 2018
- Frontmatter
- Dedication
- Foreword
- Preface
- Contents
- Table of Abbreviations
- Table of Cases
- Chapter 1 Setting the Scene
- Chapter 2 Jurisdictional Principles
- Chapter 3 Procedural Principles
- Chapter 4 Substantive Principles
- Chapter 5 Interim Results
- Chapter 6 Conflict of Principles
- Chapter 7 Principles and Harmonisation
- Chapter 8 Concluding Remarks
- Literature
- Index
- About the Author
Summary
THE AIM OF THIS BOOK
This book deals with a fascinating question: what are the underlying principles of international (cross-border) insolvency laws and how can they be used for the purpose of further harmonising cross-border insolvency law in the EU and beyond? As will be shown below, this question, although intriguing, has never been addressed. Principles – understood as foundational precepts and systemising criteria – have not been the primary focus of academic research in the field of international insolvency law thus far. There are some studies which present information about the legal bases of this area of law, but they almost always confine themselves to describing the rules, instead of analysing, evaluating, and assessing them by tracing them back to underlying principles. Researching this topic is therefore both necessary and worthwhile, the goal of this project being to evaluate the laws of cross-border insolvency, elaborate on their underlying principles, clarify how the principles relate to one another, examine their scope of application and, in particular, investigate their potential for harmonisation.
The study is based on some presuppositions, which must first be either verified or disproved:
– Although different (national or transnational) insolvency laws may produce different solutions, they must all address the same issues (e.g. the international jurisdiction for opening insolvency proceedings, the effect of such an opening in other countries, especially on the recognition of powers of office holders, the definition of the applicable law, treatment of secured creditors abroad, special protection for tenants or employees abroad, annulment of transactions performed prior to the opening of insolvency proceedings [i.e. transactions avoidance measures] in favour of creditors abroad, etc.). These issues will be referred to throughout this book
– The rules regulating these problems can be traced back to foundational principles, such as the principle of universality of proceedings (worldwide effect of the opening of insolvency proceedings), the paripassu rule (principle of equal treatment of unsecured creditors), principles of protection of trust/ legitimate expectations and of social protection, etc. In this book, principles will be identified and sorted into groups of principles in Chapters 2 to 4.
- Type
- Chapter
- Information
- Principles of Cross-Border Insolvency Law , pp. 1 - 20Publisher: IntersentiaPrint publication year: 2017