The European Insolvency Regulation and implementing legislations : a commentary / edited by Gilles Cuniberti and Antonio Leandro.
2024
ebook
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Details
Title
The European Insolvency Regulation and implementing legislations : a commentary / edited by Gilles Cuniberti and Antonio Leandro.
Language
English
Description
1 online resource (xlix, 718 pages).
ISBN
1802205217 electronic book
9781802205213 (electronic bk.)
9781802205206 hardcover
9781802205213 (electronic bk.)
9781802205206 hardcover
Summary
"This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State's judgements along with a regime of coordination between proceedings opened in different Member States."
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Front Matter
Copyright
Contents
Extended contents
Contributors
Acknowledgments
Table of cases
Table of legislation
INTRODUCTION TO THE EUROPEAN INSOLVENCY REGULATION
CHAPTER I GENERAL PROVISIONS
Chapter I General Provisions
Article 1 Scope
Article 2 Definitions
Article 3 International jurisdiction
Article 4 Examination as to jurisdiction
Article 5 Judicial review of the decision to open main insolvency proceedings
Article 6 Jurisdiction for actions deriving directly from insolvency proceedings and closely linked with them
Article 7 Applicable law
Article 8 Third parties' rights in rem
Article 9 Set-off
Article 10 Reservation of title
Article 11 Contracts relating to immoveable property
Article 12 Payment systems and financial markets
Article 13 Contracts of employment
Article 14 Effects on rights subject to registration
Article 15 European patents with unitary effect and Community trade marks
Article 16 Detrimental acts
Article 17 Protection of third-party purchasers
Article 18 Effects of insolvency proceedings on pending lawsuits or arbitral proceedings
CHAPTER II REGOGNITION OF INSOLVENCY PROCEEDINGS
Chapter II Recognition of insolvency proceedings
Article 19 Principle
Article 20 Effects of recognition
Article 21 Powers of the insolvency practitioner
Article 22 Proof of the insolvency practitioner's appointment
Article 23 Return and imputation
Article 24 Establishment of insolvency registers
Article 25 Interconnection of insolvency registers
Article 26 Costs of establishing and interconnecting insolvency registers
Article 27 Conditions of access to information via the system of interconnection
Article 28 Publication in another Member State
Article 29 Registration in public registers of another Member State
Article 30 Costs
Article 31 Honouring of an obligation to a debtor
Article 32 Recognition and enforceability of other judgments
Article 33 Public policy
CHAPTER III SECONDARY INSOLVENCY PROCEEDINGS
Article 34 Opening of proceedings
Article 35 Applicable law
Article 36 Right to give an undertaking in order to avoid secondary insolvency proceedings
Article 37 Right to request the opening of secondary insolvency proceedings
Article 38 Decision to open secondary insolvency proceedings
Article 39 Judicial review of the decision to open secondary insolvency proceedings
Article 40 Advance payment of costs and expenses
Article 41 Cooperation and communication between insolvency practitioners
Article 42 Cooperation and communication between courts
Article 43 Cooperation and communication between insolvency practitioners and courts
Article 44 Costs of cooperation and communication
Article 45 Exercise of creditors' rights
Article 46 Stay of the process of realisation of assets
Copyright
Contents
Extended contents
Contributors
Acknowledgments
Table of cases
Table of legislation
INTRODUCTION TO THE EUROPEAN INSOLVENCY REGULATION
CHAPTER I GENERAL PROVISIONS
Chapter I General Provisions
Article 1 Scope
Article 2 Definitions
Article 3 International jurisdiction
Article 4 Examination as to jurisdiction
Article 5 Judicial review of the decision to open main insolvency proceedings
Article 6 Jurisdiction for actions deriving directly from insolvency proceedings and closely linked with them
Article 7 Applicable law
Article 8 Third parties' rights in rem
Article 9 Set-off
Article 10 Reservation of title
Article 11 Contracts relating to immoveable property
Article 12 Payment systems and financial markets
Article 13 Contracts of employment
Article 14 Effects on rights subject to registration
Article 15 European patents with unitary effect and Community trade marks
Article 16 Detrimental acts
Article 17 Protection of third-party purchasers
Article 18 Effects of insolvency proceedings on pending lawsuits or arbitral proceedings
CHAPTER II REGOGNITION OF INSOLVENCY PROCEEDINGS
Chapter II Recognition of insolvency proceedings
Article 19 Principle
Article 20 Effects of recognition
Article 21 Powers of the insolvency practitioner
Article 22 Proof of the insolvency practitioner's appointment
Article 23 Return and imputation
Article 24 Establishment of insolvency registers
Article 25 Interconnection of insolvency registers
Article 26 Costs of establishing and interconnecting insolvency registers
Article 27 Conditions of access to information via the system of interconnection
Article 28 Publication in another Member State
Article 29 Registration in public registers of another Member State
Article 30 Costs
Article 31 Honouring of an obligation to a debtor
Article 32 Recognition and enforceability of other judgments
Article 33 Public policy
CHAPTER III SECONDARY INSOLVENCY PROCEEDINGS
Article 34 Opening of proceedings
Article 35 Applicable law
Article 36 Right to give an undertaking in order to avoid secondary insolvency proceedings
Article 37 Right to request the opening of secondary insolvency proceedings
Article 38 Decision to open secondary insolvency proceedings
Article 39 Judicial review of the decision to open secondary insolvency proceedings
Article 40 Advance payment of costs and expenses
Article 41 Cooperation and communication between insolvency practitioners
Article 42 Cooperation and communication between courts
Article 43 Cooperation and communication between insolvency practitioners and courts
Article 44 Costs of cooperation and communication
Article 45 Exercise of creditors' rights
Article 46 Stay of the process of realisation of assets
Call number
UNCITRAL ebook
Record Appears in
Published
Cheltenham, UK ; Northampton, Massachusetts : Edward Elgar Publishing Limited, 2024.
System Control No.
(OCoLC)1422224932
Item Details
Location
UNCITRAL
Call Number
ebook