scholarly journals PROTOCOLS AND OTHER VOLUNTARY COMMITMENTS WITHIN EUROPEAN TRANSNATIONAL INSOLVENCY REGULATION, EIR 848/2015

2019 ◽  
pp. 97
Author(s):  
Federica Pasquariello
Keyword(s):  
Insolvency Proceeding ◽  
Cross Border ◽  
Insolvency Regulation ◽  
Territorial Approach ◽  
Local Law ◽  
Unexpected Outcomes

In response to cross-border insolvencies, conflicts of law and jurisdiction may arise and they cannot be resolved in a strictly Territorial approach. In fact, in an era of globalized and interconnected economies, an insolvency proceeding on a narrow national basis, which coexists with at least one other local proceeding may leadto unexpected outcomes. Actually, under Territorialism, each Country seizes the debtor’s assets which are located within its borders and conducts a separate bankruptcy proceeding to divide those assets among local creditors according to local law, while no proceeding affects each other. This causes a sharp fragmentation of the active and passive masses, and produces disappointing effects both on the level of creditors’ recovery, and on the front of an increase of costs as well.

European Cross-Border Insolvency Law

2016 ◽  
Author(s):  
Reinhard Bork ◽  
Renato Mangano
Keyword(s):  
Member State ◽  
Insolvency Law ◽  
Main Interest ◽  
Significant Development ◽  
International Jurisdiction ◽  
European State ◽  
Cross Border ◽  
Insolvency Regulation ◽  
Centre Of Main Interest

This book provides a distilled and accessible analysis of the European cross-border insolvency law. With reference to the amended Insolvency Regulation (EIR) and related sources it examines the issues involved in intra-member state cross-border insolvency. The book analyses in depth the main areas of change brought about by the EIR such as the restatement of the meaning of 'centre of main interest' (COMI) and the rules on international jurisdiction, the new specific measures for multi-national enterprises, and the move towards co-operation between insolvency practitioners and courts. The EIR represents a very significant development in European insolvency law which will have an impact on all insolvencies with an international element involving a European state. All practitioners advising on the area need a clear grasp of the implications of the changes and this book aims to deliver just that.

Gallo Africa Ltd v Sting Music (Pty) Ltd 2010 (6) SA 329 (SCA) — Revisiting the justiciability of cross-border copyright infringement in South African courts

2021 ◽  
Vol 9 ◽  
pp. 67-86
Author(s):  
Thato M Moloto
Keyword(s):  
International Law ◽  
South African ◽  
Common Law ◽  
Copyright Infringement ◽  
Case Note ◽  
Private International Law ◽  
Cross Border ◽  
Territorial Approach ◽  
Local Courts

This contribution examines the basis for and implications of the strictly territorial approach of South African courts in cross-border copyright infringement cases, requiring litigants to bring separate infringement suits in every country where infringement is alleged. This position by the courts loosely hinges on principles of effectiveness, locality and comity, as well as the classification of all intellectual property — copyright in this case — as immovable incorporeal property. In this belated case note, the Roman-Dutch law origins from which this classification is inferred to be derived from the English common law precedent with which it is paralleled and private international law principles applicable are briefly interrogated in light of prevailing constitutional prescripts. This complete bar on the authority of local courts on what is a ubiquitous concern for rights holders is a matter with far-reaching consequences.

scholarly journals A COMPARATIVE ANALYSIS OF THE UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY AND EU INSOLVENCY REGULATION 2017, AGAINST THE BACKGROUND OF VARIOUS SOURCES OF CROSSBORDER INSOLVENCY LAW

2017 ◽  
Author(s):  
Primrose E.R. Kurasha
Keyword(s):  
Common Law ◽  
The Other ◽  
Insolvency Law ◽  
Cross Border ◽  
Insolvency Regulation ◽  
Similarities And Differences ◽  
Model Law ◽  
Compare And Contrast ◽  
Insight Into ◽  
The Eu

In this investigation, I will compare and contrast the UNCITRAL model law on cross-border insolvency law (hereafter referred to as ‘UNCITRAL model law’) with the EU Insolvency Regulation against the backdrop of various sources or dispensations of cross-border insolvency law. In this comparison, I will highlight the similarities and differences between the two, as well as discuss the other sources in depth, as they largely inform my research. My main aim in including the other sources in this comparative study is to provide deeper insight into these two sources of international cross-border insolvency law, as provided for by academics and sages in the field of insolvency law. These other sources include legislation, common law, treaties and regional dispensations.

scholarly journals The Debtor’s Property Selling in the Cross-Border Insolvency Proceedings

2016 ◽  
Vol 13 (1) ◽  
pp. 76-87
Author(s):  
Daiga Sproge
Keyword(s):  
Real Estate ◽  
Comparative Method ◽  
The European Union ◽  
Insolvency Proceeding ◽  
The Real ◽  
The Real Estate ◽  
Cross Border ◽  
The Cross ◽  
Insolvency Proceedings ◽  
Descriptive Method

Abstract The title of this research is “The debtor’s property selling in the cross-border insolvency proceedings”. The insolvency proceeding gets the cross-border status also in case, if a debtor is an owner of the property outside of the main interests’ centre, namely, in another country. Therefore, there are many problematic cases when insolvency administrator (also called insolvency practitioner) defines the real estate in this other country and has to make a decision concerning the methods of selling the real estate in accordance with the law of the Member State in which territory the insolvency proceedings have been started. At the same time, the administrator shall provide that the property is sold in particular with regard to procedures for the realization of assets defined in the legislation of that country, where such real estate has been located. The article’s aim is to give a view of the features of the sale of the property in the insolvency proceedings and to define the possible lack and improvements in the cross-border insolvency concerning the selling of a debtor’s property. The European Parliament and the Council of the European Union has adopted Regulation (EU) 2015/848 of 20 May 2015 on Insolvency proceedings, which shall apply from 26 June 2017, with some exceptions Despite the regulation of the cross-border insolvency has been improved, the procedure of the property disposal is still incomplete in the cross-border insolvency proceedings. Within the study the following research methods are applied: the analytical method, comparative method, sociological method and descriptive method. The predicted value of the research is theoretical and also practical. The research should be useful for the insolvency proceedings administrators, the companies and the banks, other experts involved in the cross-border insolvency proceedings, as well as for students to improve their theoretical knowledge about the cross-border insolvency.

Protectors and Prosecutors

2016 ◽  
Author(s):  
Patrisia Macías-Rojas
Keyword(s):  
Law Enforcement ◽  
Border Region ◽  
Immigration Enforcement ◽  
Front Line ◽  
Cross Border ◽  
Local Law Enforcement ◽  
Federal Mandate ◽  
Local Actors ◽  
Local Law

Implementing the Department of Homeland Security’s criminal enforcement priorities—even in a punitive state like Arizona—has not been automatic. In a border region dependent on cross-border flows of people, goods, and money, implementing new crime-centered enforcement priorities did not generate the widespread consensus expressed in Congress. On the contrary, the federal mandate evoked tensions among border agents, local law enforcement, immigrant advocates, and Mexican officials on the ground. This chapter examines how front-line agents’ relations to other players involved in immigration enforcement shaped the ways in which enforcement priorities took hold, with local actors serving as both protectors and prosecutors.

Cross-border insolvency: regulation models

2017 ◽  
Author(s):  
Anna Sergeevna Rassokhina ◽  
Keyword(s):  
Cross Border ◽  
Insolvency Regulation

20 Luxembourg

2018 ◽  
Author(s):  
Wagner Henri
Keyword(s):  
Common Features ◽  
Cross Border ◽  
Rome Convention ◽  
Insolvency Regulation ◽  
Insolvency Proceedings ◽  
Rome I

This chapter examines the most common features of set-off (compensation) in Luxembourg and how the rights of set-off are affected by insolvency proceedings. It first provides an overview of set-off between solvent parties and set-off against insolvent parties before discussing cross-border issues relating to right of set-off. In particular, it considers cross-border set-off between solvent parties in cases where the Rome I Regulation or the Rome Convention applies and in cases where neither one applies. It also explains cross-border set-off against insolvent parties, focusing on situations where the Insolvency Regulation or the Recast Insolvency Regulation, as applicable, or another sector specific European insolvency legislation applies or does not apply.

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