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China’s Insolvency Law and Interegional Cooperation

China’s Insolvency Law and Interegional Cooperation

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781138048584
  • 出版时间 November 2017
  • 规格: Hardback
  • 适应领域: China ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 详细

    As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation.

    These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward.

    The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.

  • Chapter 1 Introduction
    Possibility of Cooperation on a Regional Level
    Lack of a Regional Cross-border Insolvency Framework
    Structure of the Book
    Chapter 2 China’s Special Political Regime and Current Regional Cross-border Legal Cooperation
    Introduction
    Political Integration
    Economic Integration
    Current Legal Cooperation within the Four Regions
    Conclusion
    Chapter 3 Diverse Cross-border Insolvency Systems among the Four Regions
    Introduction
    The Mainland Approach
    Hong Kong Approach
    Macao Cross-border Insolvency System
    Taiwan Cross-border Insolvency System
    Conclusion
    Chapter 4 Regulation versus. Model Law: A Comparative Review on Key Aspects
    Introduction
    COMI
    Recognition and Reliefs
    Cooperation and Communication
    BREXIT and Its Influences
    Conclusion
    Chapter 5 Solutions Tailored into a Chinese Context: A Balanced Way
    Introduction
    Recommendation 1 -- Guiding Principle
    Comments to Recommendation 1
    Recommendation 2 – Overriding Objective
    Comments to Recommendation 2
    Recommendation 3: Form and Scope
    Comments to Recommendation 3
    Recommendation 4: Recognition and Reliefs
    Comments to Recommendation 4
    Recommendation 5: Public Policy
    Comments to Recommendation 5
    Recommendation 6 – Cooperation and Communication (single debtor and enterprise groups)
    Comments to Recommendation 6
    Recommendation 7 – Cross-border Insolvency Agreements
    Comments to Recommendation 7
    Recommendation 8 – Functional Dispute Settlement Mechanism
    Comments to Recommendation 8
    Recommendation 9 - Inter-Regional Case Register
    Comments to Recommendation 9
    Recommendation 10 – Independent Intermediaries: Separate Arrangement for Cross-strait Insolvency Cooperation (The Mainland and Taiwan)
    Comments to Recommendation 10
    Conclusion
    Summary
    Annex
    Index

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