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The Harmonisation of Transaction Avoidance in the EU

The Harmonisation of Transaction Avoidance in the EU

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781803928371
  • 出版时间 August 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: S$191.25

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  • 描述 
  • 大纲 
  • 详细

    This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations.

    Combining a private international law approach with substantive rules of transaction avoidance to improve the EU insolvency system, Oriana Casasola examines the theoretical framework of transaction avoidance and harmonisation. Comparing the avoidance actions available within and outside of the insolvency proceedings in England, Germany and Italy, chapters propose an alternative harmonisation of the transaction avoidance rules which fits within the current EU private international law framework. The book concludes by addressing the European Commission’s Directive for the harmonisation of certain aspects of insolvency law and evaluates the possible issues emerging from the proposed rules.

    Offering solutions for harmonisation of existing transaction avoidance regimes, this book will be essential reading for students and scholars of company and insolvency law, corporate law and governance, and EU law. It will also be beneficial for legal practitioners and policymakers interested in international insolvency law.

  • 1. Introduction to the Harmonisation of Transaction Avoidance in the EU
    2. Definitions and Theoretical Framework of Transaction Avoidance and Harmonisation
    3. The European Union Approach to Cross-Border Insolvency and Avoidance Actions: Issues within the Current Framework
    4. A Comparative Analysis of Insolvency Transaction Avoidance of England, Germany and Italy
    5. A Comparative Analysis of Private Law Transaction Avoidance Claims of England, Germany and Italy
    6. The Harmonisation of Transaction Avoidance
    Addendum: the proposal for a directive of the European Parliament and of the Council harmonising certain aspects of insolvency law

    Index

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