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Commencement of Insolvency Proceedings
2012This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings.
Faber, N.E.D. +3 more
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1984
The principles of Italian bankruptcy law are to be found in the general rules on patrimonial responsibility, by which (Article 2740 of the Italian Civil Code, at present in force) the debtor must try to meet his debts with all present and future assets, while his creditors have the same right to be paid out of the debtor’s said assets, except where ...
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The principles of Italian bankruptcy law are to be found in the general rules on patrimonial responsibility, by which (Article 2740 of the Italian Civil Code, at present in force) the debtor must try to meet his debts with all present and future assets, while his creditors have the same right to be paid out of the debtor’s said assets, except where ...
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Belgium: Insolvency Proceedings
1984Belgian commercial law includes a number of proceedings, applicable only to traders, relating to concerns in financial difficulties. Fredericq states: Bankruptcy is of exclusive nature, in the sense that it is the only legal system applicable to traders who have become insolvent. A trader, legally speaking, is never in a state of insolvency.
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France: Insolvency Proceedings
1984The last decade has seen greater attention focussed on the insolvency proceedings of judicial settlements, liquidations of assets and temporary stays of action, and on insolvency administrators. Many have suddenly become inspired with the subject and numerous articles have appeared, some of them bewildering and often revealing an utter lack of ...
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25. Company insolvency proceedings
2016This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 together with the Insolvency Rules 1986, as ...
J. Scott Slorach, Jason Ellis
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2023
Abstract This chapter offers commentary on the Original Insolvency Proceedings Regulation (OR), which applies to proceedings opened before 26 June 2017, and the Recast Insolvency Proceedings Regulation (RR). Despite the repeal of the OR, proceedings opened prior to 26 June 2017 will continue to be governed by the Original Regulation. The
Christoph Paulus, Tom Smith
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Abstract This chapter offers commentary on the Original Insolvency Proceedings Regulation (OR), which applies to proceedings opened before 26 June 2017, and the Recast Insolvency Proceedings Regulation (RR). Despite the repeal of the OR, proceedings opened prior to 26 June 2017 will continue to be governed by the Original Regulation. The
Christoph Paulus, Tom Smith
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Netherlands: Insolvency Proceedings
1984In Dutch law there are two types of insolvency proceedings, that is: (a) bankruptcy (faillissement) (b) legal moratorium (surseance van betaling) Both proceedings are ruled by the Dutch law on bankruptcy (Faillissementswet: law from 30 September 1893, in force from 1 September 1896), which contains the rules for ...
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Social Science Research Network, 2019
Properly balancing between public and private interests is one of the most significant and complex challenges presented by modern insolvency law. The European Union insolvency law has recently embraced that challenge, by reinforcing the role that private
M. Gaboardi
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Properly balancing between public and private interests is one of the most significant and complex challenges presented by modern insolvency law. The European Union insolvency law has recently embraced that challenge, by reinforcing the role that private
M. Gaboardi
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Abstract This chapter elaborates on formal insolvency proceedings. While most legal systems provide for several different types of insolvency-related proceedings, this chapter focuses mainly on ‘traditionel’ liquidation proceedings. These are shaped as collective enforcement proceedings and resemble individual execution, but on a pari ...
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