Elgar Comparative Guides – serie
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4 563 kr
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Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic.Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions.This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.Contributors include: E. Andreeva, R. Bodis, J. Bojars, C. Booth, D. Cerini, A. Demetriadi, M. Dordevic, K. Farry, O. Fromholdt, E. Fronczak, J. Garasic, D. Grant, R. Harrison, E. Hellstrom, F. Helsen, J.-O. Heuer, V. Hoffeld, P. Jaatinen, G. Janoshalmi, B. Holohan, N. Jungmann, T. Kadner Graziano, S. Kantara, P. Keinert, B. Lurger, M. Melcher, L. Montrasio, J. Morais Carvalho, R. Norkus, A. Orgaard, D. Orsula, G. Piazza, J.P. Pinto-Ferreira, K. Pisani Bencini, M. Porzycki, A. Rachwal, M. Reymond, P. Rubellin, V. Sajadova, P. Sprinz, M.E. Storme, T. Tofaridou, H. Vallender, F.J.A. Varona, I. Venieris, P. Viirsalu, O. Zaitsev, A. Zetko, L.G. Zidaru
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The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.As well as explaining the basic theoretical framework of the public policy exception in private international law, the book drills down into the practical application of such rules, giving an overview of these jurisdictions’ legal and policy stances on current issues including: punitive damages, surrogacy, same-sex marriage, gender-based discrimination, Islamic law, and adoption to name a few. This approach serves to highlight both the differences and the similarities in approach.Key Features:The first book to give a detailed practical treatment of the public policy exception in private international lawCoverage of 16 key jurisdictionsTwo cross-cutting chapters that work through the comparative elementsChapters written by experts in their respective jurisdictionsThe book is the first to provide systematic jurisdictional coverage of the public policy exception and will be of immense value to notaries and practising lawyers navigating their way through this complex interaction. Academics and policy makers with a special interest in private international law will also find this an excellent platform for further research.
3 567 kr
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Executory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.Key Features:Contributions from more than 40 insolvency law expertsExploration of ipso facto clauses and procedural issuesConsideration of the economic impact of the COVID-19 pandemicTargeted footnote references, including non-English sources, for further readingRigorous coverage of recent developments and reforms and discussion of the procedural challenges they presentIncisive analysis of insolvency law in a broad range of countries, including those with emerging economies and with hybrid systems of lawSubstantially revised material, including wholly rewritten chapters on Germany and Singapore and a brand new chapter on South KoreaProviding a globalised and comparative perspective on executory contracts in insolvency law, this book will be an invaluable tool for legal practitioners requiring a cross-border perspective on the subject as well as academics and researchers in the field. Policy makers and institutions seeking to introduce insolvency law reforms in their home countries can draw from the comparative nature of the book to devise better, more effective reforms.