Cross-Border Insolvency: The Enactment and Interpretation of the Uncitral Model Law, Hannan Neil
Автор: Jameel, Mokal Rizwaan Название: Corporate Insolvency Law: Theory and Application ISBN: 0199264872 ISBN-13(EAN): 9780199264872 Издательство: Oxford Academ Рейтинг: Цена: 29700.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume constructs a detailed theory for the analysis and justification of corporate insolvency law using philosophical and economic tools. This theory is then deployed in an examination of the relevant statutes and leading authorities. The theory is also used to addresses important doctrinal questions which have not yet received judicial attention.
Автор: Neil Hannan Название: Cross-Border Insolvency ISBN: 981105875X ISBN-13(EAN): 9789811058752 Издательство: Springer Рейтинг: Цена: 19564.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America.
Автор: D. Mayes; A. Liuksila Название: Who Pays for Bank Insolvency? ISBN: 1349513393 ISBN-13(EAN): 9781349513390 Издательство: Springer Рейтинг: Цена: 11179.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How to avoid taxpayers paying for bank failures and banking crises? It is addressed particularly to the threat posed in Europe by having large international banks, a history of bailouts and limited means of resolving any future banking crises.
Автор: Tollenaar Nicolaes Название: Pre-Insolvency Proceedings ISBN: 0198799926 ISBN-13(EAN): 9780198799924 Издательство: Oxford Academ Рейтинг: Цена: 17820.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This timely new work evaluates the law regarding pre-insolvency proceedings. Setting the law in context, the book provides a conceptual framework for ideal practice, illustrating the implications of the new regime with specific practical examples.
Описание: This book considers possible solutions to problems in China`s inter-regional cross-border insolvency cooperation. The author uses comparisons among the cross-border insolvency systems of the four independent jurisdictions in China and comparisons between EU Insolvency Regulation and the UNCITRAL Model Law.
Описание: Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman’s Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another’s reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower’s unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
Автор: Vesna Lazi?; Steven Stuij Название: Recasting the Insolvency Regulation ISBN: 9462653623 ISBN-13(EAN): 9789462653627 Издательство: Springer Рейтинг: Цена: 12577.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book comprises contributions relating to the Insolvency Regulation Recast,
which recently entered into force. The authors analyse the changes introduced and
give their views on the improvements that are thereby achieved. In other words, they
assess to what extent the amendments have mitigated the disadvantages of the previous
Insolvency Regulation.
Three of the chapters concentrate on the issues pertaining to jurisdiction, such as
the 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 within
the framework of the Insolvency Regulation Recast is discussed. Also, the relevance
and consequences of recent developments in corporate law for the current crossborder
insolvency framework, as well as the jurisdictional issues concerning approval
requirements are amongst the matters addressed. Aside from the jurisdictional matters,
the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossborder
cooperation between national authorities in the field of insolvency is touched
upon. To conclude, this book covers a range of specific and intriguing topics brought
up by the Insolvency Regulations Recast.
This third volume in the Short Studies in Private International Law Series is primarily
aimed at legal academics dealing with cross-border insolvency, but it will also prove
useful to insolvency judges and practitioners, as well as those specialised in financial
and fiscal law. Finally, advanced students as well as those with a general interest in
insolvency law will also find it of added value.
Vesna Lazi? is Senior Researcher at the T.M.C. Asser Institute and Associate Professor
of Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert in
private international law and PhD Candidate at the Erasmus School of Law, Rotterdam.
Описание: The volume is a collection of articles based on presentations given at a conference titled “Too Big to Fail III: Structural Reform Proposals – Should We Break Up the Banks ?” hosted by the Institute for Law and Finance on January 21, 2014 – the third session of a series on the topic “too big to fail” with the previous conferences “Too Big to Fail – Brauchen wir ein Sonderinsolvenzrecht für Banken” and “The Bank Recovery and Resolution Directive”.
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