Search results for "Substantive law"
showing 2 items of 2 documents
The Role of Fraudulent Transfer Rules in Corporate Insolvency
2008
"The article is based on a lecture given by the author in Paris on the 12. October 2007 in the context of a Symposium devoted to corporate insolvency law. It deals with the role of fraudulent transfer rules in company law. The research is carried out on the field of comparative and European law. It therefore starts from a stipulative definition of [UTF-8?]“fraudulent transfer [UTF-8?]rules†which excludes preferences (even if they belong to the matter, in some legal systems) but includes the regulations aimed at subordinating [UTF-8?]shareholders’ loans. The paper demonstrates that the different [UTF-8?]“fraudulent transfer [UTF-8?]rules†adopted by principal EU Member States conver…
The Plea of Illegality
2014
The people have right to defending their interests in judicial proceedings. The legal means available to the parties in the lawsuit include the exceptions of illegality. These are means of defence and not exceptions to the procedure law or substantive law; as a result has a special legal regime. In administrative judicial procedure the exception of illegality may be invoked at any time, to any court. The court of justice competent to decide on exception is that which is invested with initial substantive dispute. It eliminates one of the causes of delays in judicial process.