Linsolvenza Transnazionale

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Recasting the Insolvency Regulation

Author : Vesna Lazić
Publisher : Springer Nature
ISBN 13 : 9462653631
Total Pages : 134 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Recasting the Insolvency Regulation by : Vesna Lazić

Download or read book Recasting the Insolvency Regulation written by Vesna Lazić and published by Springer Nature. This book was released on 2019-12-12 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation. Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor’s centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements are amongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast. This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value./div Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam./div

The External Competence of the European Union and Private International Law

Author : Fausto Pocar
Publisher : Wolters Kluwer Italia
ISBN 13 : 9788813262327
Total Pages : 236 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis The External Competence of the European Union and Private International Law by : Fausto Pocar

Download or read book The External Competence of the European Union and Private International Law written by Fausto Pocar and published by Wolters Kluwer Italia. This book was released on 2007 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Imperativeness in Private International Law

Author : Giovanni Zarra
Publisher : Springer Nature
ISBN 13 : 9462654999
Total Pages : 261 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Imperativeness in Private International Law by : Giovanni Zarra

Download or read book Imperativeness in Private International Law written by Giovanni Zarra and published by Springer Nature. This book was released on 2022-01-27 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

The Hague Preliminary Draft Convention on Jurisdiction and Judgments

Author : Fausto Pocar
Publisher : Wolters Kluwer Italia
ISBN 13 : 9788813260330
Total Pages : 388 pages
Book Rating : 4.2/5 (63 download)

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Book Synopsis The Hague Preliminary Draft Convention on Jurisdiction and Judgments by : Fausto Pocar

Download or read book The Hague Preliminary Draft Convention on Jurisdiction and Judgments written by Fausto Pocar and published by Wolters Kluwer Italia. This book was released on 2005 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings consider the disagreements between the United States and Europe over recommendations made in the 1999 preliminary draft of the Hague Conference on Private International Law.

Boundaries of European Private International Law

Author : Jean-Sylvestre Bergé
Publisher : Primento
ISBN 13 : 2802751646
Total Pages : 747 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Boundaries of European Private International Law by : Jean-Sylvestre Bergé

Download or read book Boundaries of European Private International Law written by Jean-Sylvestre Bergé and published by Primento. This book was released on 2015-04-22 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).

Analisi della disciplina europea in materia di gestione delle crisi transfrontaliere nel settore bancario

Author : Giovanni Niccolò Antichi
Publisher : Lulu.com
ISBN 13 : 1470987791
Total Pages : 195 pages
Book Rating : 4.4/5 (79 download)

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Book Synopsis Analisi della disciplina europea in materia di gestione delle crisi transfrontaliere nel settore bancario by : Giovanni Niccolò Antichi

Download or read book Analisi della disciplina europea in materia di gestione delle crisi transfrontaliere nel settore bancario written by Giovanni Niccolò Antichi and published by Lulu.com. This book was released on with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European and National Perspectives on the Application of the European Insolvency Regulation

Author : I. Queirolo
Publisher :
ISBN 13 : 9788825509069
Total Pages : 444 pages
Book Rating : 4.5/5 (9 download)

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Book Synopsis European and National Perspectives on the Application of the European Insolvency Regulation by : I. Queirolo

Download or read book European and National Perspectives on the Application of the European Insolvency Regulation written by I. Queirolo and published by . This book was released on 2017 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Bibliography of Book Reviews of Scholarly Literature Chiefly in the Fields of Arts and Humanities and the Social Sciences

Download International Bibliography of Book Reviews of Scholarly Literature Chiefly in the Fields of Arts and Humanities and the Social Sciences PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 1024 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Bibliography of Book Reviews of Scholarly Literature Chiefly in the Fields of Arts and Humanities and the Social Sciences by :

Download or read book International Bibliography of Book Reviews of Scholarly Literature Chiefly in the Fields of Arts and Humanities and the Social Sciences written by and published by . This book was released on 2007 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Cross-border Insolvency Court-to-court Cooperation Principles

Author : B. Wessels
Publisher :
ISBN 13 : 9789462365865
Total Pages : 0 pages
Book Rating : 4.3/5 (658 download)

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Book Synopsis EU Cross-border Insolvency Court-to-court Cooperation Principles by : B. Wessels

Download or read book EU Cross-border Insolvency Court-to-court Cooperation Principles written by B. Wessels and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a set of 26 EU Cross-Border Insolvency Court-to-Court Cooperation Principles ('EU JudgeCo Principles') along with 18 EU Cross-Border Insolvency Court-to-Court Communications Guidelines ('EU JudgeCo Guidelines'). These EU JudgeCo Principles will strengthen efficient and effective communication between EU Member courts in insolvency cases with cross-border effects. They have been produced in a period of two years (2013-2014), developed by a team of scholars at Leiden Law School and Nottingham Law School, in collaboration with some 50 experts, including 25 judges representing just as many different EU countries. The principles are set in EU stone, in that they especially function within the framework of the EU Insolvency Regulation. The texts have been aligned with the text of the recast of the Regulation, as published early December 2014. The EU JudgeCo Principles try to overcome present obstacles for courts in EU Member States, such as formalistic and detailed national procedural law, concerns about a judge's impartiality, uneasiness with the use of certain legal concepts and terms, and evidently language. The texts further build on existing experience and tested resources, especially in cross-border cases in North America, but are tailor made into an EU insolvency law context. These Principles include a set of very practical EU JudgeCo Guidelines to facilitate communications in individual cross-border cases. The project was funded by the European Union and the International Insolvency Institute (III) (www.iiiglobal.org) and we thank both sponsors for their continued support. *** Librarians: ebook available on ProQuest and EBSCO (Series: European and International Insolvency Law Studies - Vol. 1) [Subject: EU Law, Insolvency Law, Commercial Law, Comparative Law]

Introduction to Italian Public Law

Author : Giuseppe Franco Ferrari
Publisher : Giuffrè Editore
ISBN 13 : 8814143889
Total Pages : 290 pages
Book Rating : 4.8/5 (141 download)

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Book Synopsis Introduction to Italian Public Law by : Giuseppe Franco Ferrari

Download or read book Introduction to Italian Public Law written by Giuseppe Franco Ferrari and published by Giuffrè Editore. This book was released on 2008 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Memory

Author : Uladzislau Belavusau
Publisher : Cambridge University Press
ISBN 13 : 110718875X
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Law and Memory by : Uladzislau Belavusau

Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

Principles of European Insolvency Law

Author : W. W. McBryde
Publisher :
ISBN 13 : 9789041123916
Total Pages : 686 pages
Book Rating : 4.1/5 (239 download)

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Book Synopsis Principles of European Insolvency Law by : W. W. McBryde

Download or read book Principles of European Insolvency Law written by W. W. McBryde and published by . This book was released on 2005-01-01 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decades, many Member States of the European Union have introduced important new legislation in the field of insolvency law. Principles of European Insolvency Law tries to capture the common elements that national insolvency laws share and that make up the essence of insolvency proceedings in Europe. It makes a first, and, so far, unique attempt, to tackle an area of law which is of great commercial importance, but in which some might have thought it was too difficult to detect a European approach. Principles of European Insolvency Law looks to a future of more European integration in areas of commercial law and practice. They may serve as working material for further study, which could result in proposals for legislation on a supranational level. In the shorter term, the Principles will be of use in efforts to modernise national insolvency laws by serving as a 'European framework'. Taking account of the Principles in drafting reform proposals can lead to a greater conformity of new national legislation with the essence of European insolvency law.

Global Legal History

Author : Joshua C. Tate
Publisher : Routledge
ISBN 13 : 1351068466
Total Pages : 353 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Global Legal History by : Joshua C. Tate

Download or read book Global Legal History written by Joshua C. Tate and published by Routledge. This book was released on 2018-12-07 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.

Forum Shopping in International Disputes

Author : Aletta Mondré
Publisher : Springer
ISBN 13 : 1137466650
Total Pages : 304 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis Forum Shopping in International Disputes by : Aletta Mondré

Download or read book Forum Shopping in International Disputes written by Aletta Mondré and published by Springer. This book was released on 2015-10-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a dispute, governments weigh up their options when selecting between various dispute settlement mechanisms. By scrutinising the interaction of institutional design with state interests, this book analyses why particular forums are selected in maritime boundary disputes.

Research Handbook on Jurisdiction and Immunities in International Law

Author : Alexander Orakhelashvili
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472189
Total Pages : 558 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on Jurisdiction and Immunities in International Law by : Alexander Orakhelashvili

Download or read book Research Handbook on Jurisdiction and Immunities in International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.

Spatial and Temporal Dimensions for Legal History

Author : Massimo Meccarelli
Publisher : Max Planck Institute for European Legal History
ISBN 13 : 3944773055
Total Pages : 300 pages
Book Rating : 4.9/5 (447 download)

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Book Synopsis Spatial and Temporal Dimensions for Legal History by : Massimo Meccarelli

Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."

A Place in History

Author : Michael Herzfeld
Publisher : Princeton University Press
ISBN 13 : 9780691028552
Total Pages : 328 pages
Book Rating : 4.0/5 (285 download)

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Book Synopsis A Place in History by : Michael Herzfeld

Download or read book A Place in History written by Michael Herzfeld and published by Princeton University Press. This book was released on 1991-10-27 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Herzfeld describes what happens when a bureaucracy charged with historic conservation clashes with a local populace hostile to the state and suspicious of tourism. Focusing on the Cretan town of Rethemnos, once a center of learning under Venetian rule and later inhabited by the Turks, he examines major questions confronting conservators and citizens as they negotiate the "ownership" of history: Who defines the past? To whom does the past belong? What is "traditional" and how is this determined? Exploring the meanings of the built environment for Rethemnos's inhabitants, Herzfeld finds that their interest in it has more to do with personal histories and the immediate social context than with the formal history that attracts the conservators. He also investigates the inhabitants' social practices from the standpoints of household and kin group, political association, neighborhood, gender ideology, and the effects of these on attitudes toward home ownership. In the face of modernity, where tradition is an object of both reverence and commercialism, Rethemnos emerges as an important ethnographic window onto the ambiguous cultural fortunes of Greece.