Search results for " insolvency"
showing 10 items of 23 documents
Chapter 1. Security Rights under Article 5 of the Insolvency Regulation and Article 8 of the ‘Recast’
2017
This chapter contains an overview of the issues put at stake. In particular, it deals, on the one hand, with the prescriptions on security rights in rem laid down by both EU Regulation 1346/2000 and EU Regulation 2015/848, and, on the on the other hand, with the misalignment that these prescriptions produce at national level.
Arts. 34-40 EIR
2016
The comments on Arts. 34-40 of EU Regulation 2015/848 deal with opening of secondary insolvency proceedings. These comments systematically tackle the prerequisites required for the opening of secondary insolvency proceedings, the relationship between main and secondary proceedings and the duties of cooperation that are put on the courts and the insolvency practitioners of both main and secondary proceedings. A particular attention is devoted to the introduction of the so-called “Undertaking to Avoid the Opening of Secondary Insolvency Proceedings” (Art. 36).
La nuova composizione negoziale della crisi d'impresa tra procedimento amministrativo e autorità giurisdizionale
2023
The contribution aims to deepen the lines of development of the national discipline that, in the wake of the Insolvency Directive, stabilizes the emergency discipline of negotiated settlement as an instrument and extrajudicial path that fits into the order of competences of the system of Chambers of Commerce, Industry, Crafts and Agriculture. In particular, the reflection aims to investigate the role and usefulness of the 'administrative management' system of the predictive elements of the crisis and insolvency between administrative procedure and consequences in terms of outcomes and possible legal phases.
European Cross-Border Insolvency Law
2022
The first edition of this textbook was published in 2016, but since then the legal and factual scenario of European cross-border insolvency law has changed dramatically. In particular, three main events have occurred. First, the prescriptions of Regulation (EU) 2015/848 (Recast) have become applicable; second, the UK has left the European Union, without this completely reducing the meaning of the regulation for the UK though; and third, the European Union has enacted Directive (EU) 2019/1023 on preventive restructuring and insolvency. Moreover, since 2016, the Court of Justice of the European Union (CJEU) has delivered significant new judgments, albeit regarding the Regulation (EU) 1346/200…
Path Dependence and Paradox in Harmonizing Out-of-court Procedures across Europe. The Evidence from Italy
2018
This paper focuses on the impact that the ‘new approach to business failure’ has had on Italian out-of-court procedures. It will demonstrate that in 2005 Italian law started to embrace the rescue culture of out-of-court procedures by means of a series of reforms; initially, this movement facilitated the incorporation of the ‘new approach to business failure’, but – and this is the paradox – the more law makers and courts remove the old paradigms and introduce new ones, which in principle could make the procedures smoother, cheaper and more efficient, the more the law in the book and the law in action appear to be overloaded with additional prerequisites which make the procedures cumbersome…
The New Italian Regulation on Over-Indebtedness. A Snapshot
2019
This paper contains a description of the new Italian regulation on over-indebtedness laid down by Decree 2019/14. Personal statements and critical remarks are included.
Art. 40
2022
This comment deals with Art. 40 of Regulation (EU) 2015/848 and, more specifically, with the advance payment of costs and expenses that are necessary to open secondary proceedings.
Art. 38 - Decision to open secondary insolvency proceedings
2022
This comment deals with Art. 38 of Regulation (EU) 2015/848 and, more specifically, with the decision to open secondary proceedings.
Art. 39
2022
This comment deals with Art. 39 of Regulation (EU) 2015/848 and, more specially, with the judicial review of the decision to open secondary. proceedings.
Comments on Art. 34
2022
This comment deals with the regulation on opening of secondary proceedings in Regulation (EU) 2015/848