Description
Principles of Cross-Border Insolvency Law
Author: BORK Reinhard
Language: EnglishSubject for Principles of Cross-Border Insolvency Law:
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Publication date: 01-2017
290 p. · Hardback
290 p. · Hardback
Description
/li>Biography
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The thesis of this book is that cross-border insolvency rules of all kinds
(e.g. European Insolvency Regulation, UNCITRAL Model Law, ALI Principles
for the NAFTA States, national laws such as Chapter 15 US Bankruptcy Code
or Sch. 1 Cross-Border Insolvency Regulation 2006) are founded on, and can
be traced back to, basic values and that they aim to pursue and enforce
such standards.
Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication, subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtor’s assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)).
Using the principle-oriented approach, the book will have a significant impact for both deciding cases and shaping cross-border insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions, for example where the treatment of secured creditors, support for foreign insolvency practitioners or even harmonisation of cross-border insolvency laws is at stake.
Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication, subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtor’s assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)).
Using the principle-oriented approach, the book will have a significant impact for both deciding cases and shaping cross-border insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions, for example where the treatment of secured creditors, support for foreign insolvency practitioners or even harmonisation of cross-border insolvency laws is at stake.
Prof. Dr. Reinhard Bork holds the Chair in Civil Procedural Law at the University of Hamburg. He has been the Robert S. Campbell Visiting Fellow at Magdalen College, Oxford in 2010–2011 and 2015–2016. He is an experienced Court of Appeal Judge and arbitrator.
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