Principles of Cross-Border Insolvency Law

1. Auflage 2017
ISBN: 978-1-78068-430-7
Verlag: Intersentia

Buch, Englisch, 290 Seiten, Format (B × H): 160 mm x 240 mm, Gewicht: 695 g

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 debtors 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.

Autoren/Hrsg.

Bork, Reinhard

Über Autor(innen)

Bork, Reinhard
Prof. Dr. Reinhard Bork is Professor of Law at the University of Hamburg, Germany, where he holds the Chair for Civil Procedural Law. He has held the position of Dean of the Law Faculty, was Robert S. Campbell Visiting Fellow at Magdalen College Oxford twice, and is currently also Professor for International Insolvency Law at Radboud University Nijmegen, the Netherlands. He has previously served as a judge at the Upper State Court (Court of Appeal) in Hamburg, the Commercial Law Division. He has considerable experience as an arbitrator in national and international cases.