Search results for "EU Regulation"

showing 6 items of 16 documents

The Puzzle of the New European COMI Rules: Rethinking COMI in the Age of Multinational, Digital and Glocal Enterprises

2019

EU Regulation 2015/848 (Recast) laid down new rules on the debtor’s ‘centre of main interests’ (COMI) both to make it easier to determine international jurisdiction and to prevent a debtor from fraudulently relocating his/her/its COMI from one Member State to another. However, the terms of the litigation concerning the NIKI case and an in-depth analysis of the Recast demonstrate that this operation has been unsuccessful. This paper argues: first, that the new COMI rules contain logical and teleological flaws; secondly, that the prerequisite that the COMI ‘shall be the place […] which is ascertainable by third parties’ is a duplicate of the prerequisite ‘on a regular basis’; thirdly, that th…

European Union lawInsolvencyEU Regulation 2015/848 (Recast)JurisdictionGlocalizationInternational jurisdictionSettore IUS/04 - Diritto CommercialeDebtorCOMI ·Multinational group of companieTeleologyMultinational corporationPolitical Science and International RelationsMember stateNIKI case.BusinessDigital enterpriseBusiness and International ManagementLawLaw and economicsEuropean Business Organization Law Review
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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…

International insolvency lawEU Regulation 2015/848Regulation (EU) 2015/848BrexitSettore IUS/04 - Diritto CommercialeDirective (EU) 2019/1023.European Cross-border Insolvency law.European insolvency law
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Agreements regarding the property relations of transnational couples and their effects under the application of the twin regulations

2021

It is a true and verifiable fact that the family institution has evolved over recent decades in Europe and throughout the world, but not uniformly or at the same time. This is because it is influenced by social and cultural connotations specific to each State. All of which are respected under EU Regulations 2016/1103 and 2016/1104. This work analyses the Twins Regulations, that gives the couples the possibility of choosing the jurisdiction (art. 7) and applicable legal system underpinning the property consequences of the marriage and registered partnerships (art. 22.1). However, we try to show you these rules absolute freedom of choice is not granted to the parties, because this freedom is …

but not uniformly or at the same time. This is because it is influenced by social and cultural connotations specific to each State. All of which are respected under EU Regulations 2016/1103 and 2016/1104. This work analyses the Twins Regulationsreglamentos gemelos. 76 109:CIENCIAS JURÍDICAS [UNESCO]that gives the couples the possibility of choosing the jurisdiction (art. 7) and applicable legal system underpinning the property consequences of the marriage and registered partnerships (art. 22.1). Howeveracuerdosley aplicableproperty relationsMaría José It is a true and verifiable fact that the family institution has evolved over recent decades in Europe and throughout the worldUNESCO::CIENCIAS JURÍDICAS2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113550 Agreements regarding the property relations of transnational couples and their effects under the application of the twin regulations Cazorla Gonzáleztwin Regulations.relaciones económicaswe try to show you these rules absolute freedom of choice is not granted to the partiesbecause this freedom is conditional. This freedom of choice is limited for several reasons that we analysed in this paper. Cross-border couplesParejas transfronterizasagreementapplicable law
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Party autonomy regarding jurisdiction under the property regimes regulations

2021

The main accomplishment of the Property Regimes Regulations lies in their bringing more coherence into the cross-border family law adjudication. In the field of international jurisdiction, they strive to align the competence in couples? patrimony disputes to that in succession and in separation proceedings, or else to align the competence of the courts to the applicable law. These tendencies are clearly visible in the Regulations? provisions on choice of court agreements. Namely, the Regulations allow for such agreements, but severely limit parties? choice and the possible effects of these clauses. When succession or separation proceedings are pending, it is often only possible to institute…

party autonomy.registered couples? propertyit is often only possible to institute patrimonial disputes at the same court as the said proceedings. When proceedings concerning matrimonial or registered partners? property are initiated without previously pending succession or divorce proceedingshoweveror else to align the competence of the courts to the applicable law. These tendencies are clearly visible in the Regulations? provisions on choice of court agreements. Namelyanalogy with other EU regulations and the CJEU case-law can be of help. The critical eye of the doctrine isrégimen económico-matrimonialRegulation 1104/2016mainly cast on the unpredictable fate of the choice of court agreements under the Regulations. The paper analyses the complex regulation of the choice-ofcourt agreements in the Property Regimes Regulationsautonomía de parte. 274 291draws attention to open questions and provides possible answers. Choice-of-court agreementjurisdictionmatrimonial propertybut severely limit parties? choice and the possible effects of these clauses. When succession or separation proceedings are pendingthey strive to align the competence in couples? patrimony disputes to that in succession and in separation proceedings:CIENCIAS JURÍDICAS [UNESCO]parties can avail themselves of a fairly limited list of options to choose a court from. The Regulations leave several questions regarding choice of court agreements unanswered. Oftenjurisdicciónthe Regulations allow for such agreementsAcuerdo de elección del fororégimen de parejas registradasor else when the necessary consent to the joinder is not given2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113562 Party autonomy regarding jurisdiction under the property regimes regulations Kramberger ?kerlJerca The main accomplishment of the Property Regimes Regulations lies in their bringing more coherence into the cross-border family law adjudication. In the field of international jurisdictionReglamento 1103/2016UNESCO::CIENCIAS JURÍDICASRegulation 1103/2016Reglamento 1104/2016
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The variation of the law applicable to the family property regime in EU regulations n. 2016/1103 and 1104

2021

The essay examines the discipline of EU regulations n. 2016/1103 and 1104 concerning the identification of the law applicable to the family property regime. Specifically, the work reflects on problems arising after a change, during the relationship, of the substantial law applicable to the couple?s property regime.

the work reflects on problems arising after a changeof the substantial law applicable to the couple?s property regime. EU regulations n. 2016/1103 and n. 2016/1104:CIENCIAS JURÍDICAS [UNESCO]régimen económico familiarUNESCO::CIENCIAS JURÍDICAS2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113552 The variation of the law applicable to the family property regime in EU regulations n. 2016/1103 and 1104 Ciprianiinternational private lawNicola The essay examines the discipline of EU regulations n. 2016/1103 and 1104 concerning the identification of the law applicable to the family property regime. Specificallyduring the relationshipfamily property regimeReglamentos UE n. 2016/1103 y n. 2016/1104derecho privado internacional. 118 129
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The role of the agreement as a tool for management of property relations in cases of cross border marriages and civil unions/partnerships registered …

2021

The essay examines the role of the agreement as a tool for managing property relationships in crossborder marriages and registered partnerships, in light of EU Regulations 1103 and 1104 of 2016, on the property regimes of international married or registered couples. The main prerogative of such acts is the recognition of the parties? freedom to choose the court and the applicable law. The law governing the matrimonial property regimes, or the property consequences of registered partnerships, has universal scope. This agreement in the form envisaged, which is backed by the need for legal certainty and predictability of the applicable rules, means that the spouses, in family problems which ha…

with reference to the ?applicable law?and of common law systems which give effect to a moderate interpretation of the will of the courts. Go away. Cross-border marriages and registered partnershipsthe hard base on which the contractual structure provided for in the Regulation is builthas universal scope. This agreement in the form envisagedMatrimonios y parejas registradas trasfronterizaswhich strengthens the objectives of both civil law systemsmeans that the spousesautonomía contractual. 242 251which is backed by the need for legal certainty and predictability of the applicable rulesboth explicitly and implicitly. Thusare faced with a uniform system of rules on ?conflict? which can resolve them. Thereforeforo y ley aplicableor the property consequences of registered partnershipswhich open the way to a moderate interpretation of general clauses by the courts:CIENCIAS JURÍDICAS [UNESCO]Maria Gabriella The essay examines the role of the agreement as a tool for managing property relationships in crossborder marriages and registered partnershipsthe court and the applicable lawuniform systemcontractual autonomy.2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113560 The role of the agreement as a tool for management of property relations in cases of cross border marriages and civil unions/partnerships registered under the EU regulations nr. 1103 and 1104/2016. Rossisistema uniformein family problems which have cross-border implicationsUNESCO::CIENCIAS JURÍDICASthe contractual autonomy in this provision appears to be the first point of connection between the different systemson the property regimes of international married or registered couples. The main prerogative of such acts is the recognition of the parties? freedom to choose the court and the applicable law. The law governing the matrimonial property regimesRegulation 1103 provides ample scope for contractual autonomyin light of EU Regulations 1103 and 1104 of 2016
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