International insolvency law / druk 2

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Auteur: B. Wessels

Categorie:School & Studie / Onderwerp: Recht 220
Cover van het boek 'International insolvency law / druk 2' van B. Wessels
Uitgevers Kluwer, Wolters Kluwer Nederland B.V.
Uitgavejaar 2006
ISBN9013021166
ISBN139789013021165
TaalNederlands
TypeHardcover

Samenvatting

Wessels International Insolvency Law contains five themes. The publication starts in Chapter I with a detailed account of topics which nearly always emerge from cross-border insolvency cases and the solutions which have been chosen by legislation in certain countries to address these.

Regional conventions (in Latin-America, the Nordic European countries, the OHADA Treaty in Central Africa) have been explained and several of the 'soft law' sources have been described. These include best practice rules from organizations such as INSOL International, the so-called Principles of European Insolvency Law 2003 and UNCITRAL's 'Legislative Guide on Insolvency Law' of 2004.

In Chapter II the status of international insolvency law in the Netherlands has been updated. Despite the EU Insolvency Regulation being applicable to intra-community cases since May 2002, Articles 203-205 of the Dutch Bankruptcy Act remain relevant for cross-border cases with third-(non-EU)countries as will the general application by courts in the Netherlands of private international law.

Chapter III deals with a description and analysis of the UNCITRAL Model Law on Cross-Border Insolvency of 1997. In this part Chapter 15 United States Bankruptcy Code, entered into force in October 2005, has been taken into account and comments have been included concerning the draft of the Cross-Border Insolvency Regulations 2006, as presented in Great Britain in August 2005 as a draft Statutory Instrument.

Chapter IV is a detailed commentary on the EU Insolvency Regulation of May 2002. The booming literature, originating from some ten jurisdictions, as well as some 150 court cases have been considered in this chapter.

Finally, in Chapter V, some brief remarks are made as conclusions to the preceding chapters and identifying elements which may be relevant for future developments within international insolvency law. A comprehensive bibliography and a list of relevant websites is included. The book (in English) also appears as Volume X in the (Dutch) series Wessels Insolventierecht.

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