Internationaal Insolventierecht Boek 9780754624271

Wessels International Insolvency Law contains five themes. The publication starts in Chapter I with a detailed account of topics which nearly always emerge from cross-border insolvency cases and the solutions which have been chosen by legislation in certain countries to address these.Regional conventions (in Latin-America, the Nordic European countries, the OHADA Treaty in Central Africa) have been explained and several of the 'soft law' sources have been described. These include best practice rules from organizations such as INSOL International, the so-called Principles of European Insolvency Law 2003 and UNCITRAL's 'Legislative Guide on Insolvency Law' of 2004.In Chapter II the status of international insolvency law in the Netherlands has been updated. Despite the EU Insolvency Regulation being applicable to intra-community cases since May 2002, Articles 203-205 of the Dutch Bankruptcy Act remain relevant for cross-border cases with third-(non-EU)countries as will the general application by courts in the Netherlands of private international law.Chapter III deals with a description and analysis of the UNCITRAL Model Law on Cross-Border Insolvency of 1997. In this part Chapter 15 United States Bankruptcy Code, entered into force in October 2005, has been taken into account and comments have been included concerning the draft of the Cross-Border Insolvency Regulations 2006, as presented in Great Britain in August 2005 as a draft Statutory Instrument.Chapter IV is a detailed commentary on the EU Insolvency Regulation of May 2002. The booming literature, originating from some ten jurisdictions, as well as some 150 court cases have been considered in this chapter.Finally, in Chapter V, some brief remarks are made as conclusions to the preceding chapters and identifying elements which may be relevant for future developments within international insolvency law. A comprehensive bibliography and a list of relevant websites is included. The book (in English) also appears as Volume X in the (Dutch) series Wessels Insolventierecht.

International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.