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International Insolvency Law

National Laws and International Texts

Authors:

  • Explores the influences between nations’ insolvency laws
  • Analyzes international jurisdiction issues and stresses the problems of parallel insolvencies
  • Analyzes the complicated system that EC Regulation 1346/2000 has created and discusses whether the EC Recast Regulation will simplify it
  • Presents the status quo in those countries that have incorporated rules of the UNCITRAL Model Law 1997 and weighs the outcomes

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-xi
  2. Introduction

    • Elina Moustaira
    Pages 1-8
  3. Insolvency: International Insolvency

    • Elina Moustaira
    Pages 9-25
  4. Influences: Legal Transplants

    • Elina Moustaira
    Pages 27-46
  5. European Union

    • Elina Moustaira
    Pages 47-72
  6. UNCITRAL Model Law 1997

    • Elina Moustaira
    Pages 73-106
  7. Protocols

    • Elina Moustaira
    Pages 107-117
  8. Groups of Companies

    • Elina Moustaira
    Pages 119-141
  9. Restructuring

    • Elina Moustaira
    Pages 143-149
  10. Conclusions

    • Elina Moustaira
    Pages 151-155

About this book

This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.

Authors and Affiliations

  • School of Law, National and Kapodistrian University of Athens, Athens, Greece

    Elina Moustaira

Bibliographic Information

Buy it now

Buying options

eBook USD 89.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book USD 119.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access