基本説明
Both English and international law is covered in detail, including the EC Regulation on Insolvency Proceedings and the UNCITRAL Model Law on Cross-Border Insolvency.
Full Description
The book deals with the problems generated by those cases of insolvency (either of an individual or of a company) where the presence of contacts with more than one system of law brings into operation the principles and methods of private international law (also known as conflict of laws). Part I of the book is mainly devoted to an examination of the body of rules and practice that has evolved in England during the course of the past two-and-a-half centuries, and surveys the current state of the law derived from a blend of statutory and case authorities. Contrasting approaches under a selection of foreign systems - principally Australia, Canada, France and the USA - are examined by way of comparison. There are up to date accounts of the circumstances under which insolvency proceedings can be opened in respect of debtors which are not primarily based in England, and of the grounds on which English courts will recognise foreign insolvency proceedings and give assistance to the foreign representative of the debtor's estate.Part II of the book explores the progress towards the creation of international arrangements to co-ordinate and rationalise the conduct of insolvency proceedings which have cross-border features, particularly where the debtor is capable of being subjected to concurrent proceedings in two or more jurisdictions. Central to the developments described in detail in this Part are the EC Regulation on Insolvency Proceedings, in force throughout the UK since May 2002, and the UNCITRAL Model Law on Cross-Border Insolvency, which is due for enactment in the UK.
Contents
Preface; Tables; PART I - INTERNATIONAL INSOLVENCY1. Theory and Principle in Cross-Border Insolvency; 2. Insolvency of Individuals; 3. Insolvency of Companies; 4. Judicial Assistance in Cross-Border Insolvencies: Current Provisions under National Law; PART II: 5. Latin America, Scandinavia and the NAFTA Countries; 6. Council of Europe Convention of Istanbul, 5 June 1990; 7. The EC Regulation on Insolvency GLOBAL INITIATIVES; 8. The UNCITRAL Model Law on Cross-Border Insolvency; 9. Beyond the Model Law: The Quest for International Standards and Principles; APPENDICES; I. Selected National Legislation; II. European Union: Council Regulation (EC) No 1346/2000 on Insolvency Proceedings; III. Council of Europe: Istanbul Convention, 5 June 1990 (English and French texts); IV. UNCITRAL Model Law on Cross-Border Insolvency, May 1997; V. Latin American Treaties; VI. Nordic Bankruptcy Convention, 7 November 1933; VII. Virgos-Schmit Report on the 1995 Convention on Insolvency Proceedings; VIII. Select Bibliography
