Security Rights and the European Insolvency Regulation
Auteurs : BORK Reinhard, MCCORMACK Gerard
Moreover, laws in many countries – avoidance laws – strike at advantage gaining by creditors in the period immediately before formal insolvency proceedings are instituted. It is seen as potentially unfair to other creditors who may be forced into taking enforcement proceedings against the debtor and this may precipitate the premature liquidation of the debtor with an overall loss of economic value.
The book will assess the conception of security rights according to the different European legal traditions. It will also evaluate the appropriateness of the protection given to security rights in light of:
- developments in those European legal traditions
- the objective of the Insolvency Regulation to facilitate the more effective administration of cross-border insolvency cases
- the need for security in the context of the financial crisis
- the basic principles of ensuring fairness between creditors
- forestalling premature liquidation; and
- reinforcing the collective nature of the insolvency process.
The growth strategy put forward by the European Commission, Europe 2020, is designed to achieve economy recovery and sustainable growth, targeting as primary goals a higher investment rate and the preservation of employment. The rescue of troubled enterprises is at the core of this strategy and the book plots the alignment between this strategy and the evolution of the Insolvency Regulation.
The objective is to facilitate a situation where economic and social systems are adaptable, resilient and fair; where economic activity is sustainable; and where human values are respected.
Date de parution : 02-2017
Ouvrage de 600 p.
Disponible chez l'éditeur (délai d'approvisionnement : 8 jours).
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