The Legal Status of Guarantor in the Insolvency Proceedings of Principal Obligor – Focusing on the Phase of Fulfilling a Guarantee Obligation -

The Justice ◽  
2021 ◽  
Vol 186 ◽  
pp. 147-175
Author(s):  
Chi-song Kim
Author(s):  
Gabriel Moss ◽  
Daniel Bayfield ◽  
Georgina Peters

This chapter considers the recognition of insolvency proceedings and the enforcement of the rights and powers of liquidators under the Regulation. In the UK, the position of foreign insolvency practitioners depends upon the degree of recognition or judicial assistance available. Recognition involves giving direct effect to a foreign law, to an order of a foreign court, or the foreign legal status of a foreign administrator or representative. The chapter also describes the recognition of insolvency proceedings and their enforcement, and powers of insolvency practitioners under the RR, who have substantially ‘amplified’ their rights and powers in two ways. First, more detailed provision has been made in relation to the duty of cooperation and coordination in cases where both main and secondary proceedings have been opened in different Member States. Secondly, a new set of rules has been implemented relating to cooperation and communication in proceedings concerning groups of companies.


Author(s):  
Reinhard Bork ◽  
Renato Mangano

This chapter focuses on those involved in insolvency proceedings. In particular it deals with the courts involved, the insolvency practitioners (IPs) in charge of carrying out the proceedings, the position of creditors and their rights to lodge claims, and the legal status of the debtor. Particular attention is paid to those prescriptions which aim to establish a framework of effective communication and cooperation between courts, between IPs and courts, and between IPs themselves, and which allow IPs of main and secondary proceedings to conclude agreements and protocols of collaboration. The final part of the chapter outlines those prescriptions which establish a duty on the part of Member States to set up insolvency registers in their territory and to interconnect these at European level.


2019 ◽  
Vol 5 ◽  
pp. 289-291
Author(s):  
I.O. Sadovska ◽  
Keyword(s):  

2020 ◽  
Vol 17 (1) ◽  
pp. 125-138
Author(s):  
Zeynep Sahin Mencütek

Transnational activities of refugees in the Global North have been long studied, while those of the Global South, which host the majority of displaced people, have not yet received adequate scholarly attention. Drawing from refugee studies, transnationalism and diaspora studies, the article focuses on the emerging transnational practices and capabilities of displaced Syrians in Turkey. Relying on qualitative data drawn from interviews in Şanlıurfa – a border province in south-eastern Turkey that hosts half a million Syrians - the paper demonstrates the variations in the types and intensity of Syrians’ transnational activities and capabilities. It describes the low level of individual engagement of Syrians in terms of communicating with relatives and paying short visits to the hometowns as well as the intentional disassociation of young refugees from homeland politics. At the level of Syrian grassroots organisations, there have been mixed engagement initiatives emerging out of sustained cross-border processes. Syrians with higher economic capital and secured legal status have formed some economic, political, and cultural institutional channels, focusing more on empowerment and solidarity in the receiving country than on plans for advancement in the country of origin. Institutional attempts are not mature enough and can be classified as transnational capabilities, rather than actual activities that allow for applying pressure on the host and home governments. This situation can be attributed to the lack of political and economic security in the receiving country as well as no prospects for the stability in the country of origin. The study also concerns questions about the conceptual debates on the issue of refugee diaspora. Whilst there are clear signs of diaspora formation of the Syrian refugee communities, perhaps it is still premature to term Syrians in Turkey as refugee diaspora.


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