國立虎尾科技大學 |

Principles of cross-border insolvency law /

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	Principles of cross-border insolvency law // Reinhard Bork.
作者:	Bork, Reinhard,
面頁冊數:	1 online resource (xxxiv, 289 pages) :digital, PDF file(s). :
附註:	Title from publisher's bibliographic system (viewed on 02 Oct 2018).
標題:	Bankruptcy. -
電子資源:	http://www.cambridge.org/core/product/identifier/9781780684659/type/BOOK
ISBN:	9781780684659 (ebook)

Principles of cross-border insolvency law /
Bork, Reinhard,

Principles of cross-border insolvency law /Reinhard Bork. - 1 online resource (xxxiv, 289 pages) :digital, PDF file(s).

Title from publisher's bibliographic system (viewed on 02 Oct 2018).

Setting the scene --Concluding remarks.

The thesis of this book is that cross-border insolvency rules of all kinds (e.g. European Insolvency Regulation, UNCITRAL Model Law, ALI Principles for the NAFTA States, national laws such as Chapter 15 US Bankruptcy Code or Sch. 1 Cross-Border Insolvency Regulation 2006) are founded on, and can be traced back to, basic values and that they aim to pursue and enforce such standards. Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication, subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtor's assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)). Using the principle-oriented approach, the book will have a significant impact for both deciding cases and shaping cross-border insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions, for example where the treatment of secured creditors, support for foreign insolvency practitioners or even harmonisation of cross-border insolvency laws is at stake. About the author: Prof. Dr. Reinhard Bork holds the Chair in Civil Procedural Law at the University of Hamburg. He has been the Robert S. Campbell Visiting Fellow at Magdalen College, Oxford in 2010-2011 and 2015-2016. He is an experienced Court of Appeal Judge and arbitrator. 'The present book is clearly the product of massive and admirable research ... It is a major step forward in learning on the subject.' From the Foreword by Gabriel Moss QC' Professor Bork's important book identifies and systematically articulates a set of core foundational principles for cross-border insolvency law. His principled-based approach provides the basis for evaluating existing legal frameworks, such as the European Insolvency Regulation and the UNCITRAL Model Law, and for constructing a harmonized, transnational, normative order of insolvency law. Academics, law reformers, judges, and practitioners would be well advised to pay close attention to Professor Bork's excellent, clear-sighted and scholarly insights.' Adrian J. Walters, Ralph L. Brill Professor of Law, Chicago-Kent College of Law'[This book is] very interesting as a comprehensive survey of the major substantive and procedural principles governing the cross-border insolvency phenomenon.' Antonio Leandro, Associate Professor of International Law at the University of Bari Aldo Moro

ISBN: 9781780684659 (ebook)Subjects--Topical Terms:

887733
Bankruptcy.

LC Class. No.: K7510 / .B67 2017

Dewey Class. No.: 346.07/8

Principles of cross-border insolvency law /
LDR:03904nam a22002898i 4500 001 1124126
003 UkCbUP
005 20181003105456.0
006 m|||||o||d||||||||
007 cr||||||||||||
008 240926s2017||||enk o ||1 0|eng|d
020 $a 9781780684659 (ebook)
020 $z 9781780684307 (hardback)
035 $a CR9781780684659
040 $a UkCbUP $b eng $e rda $c UkCbUP
050 0 0 $a K7510 $b .B67 2017
082 0 0 $a 346.07/8 $2 23
100 1 $a Bork, Reinhard, $e author. $3 1441468
245 1 0 $a Principles of cross-border insolvency law / $c Reinhard Bork.
264 1 $a Cambridge : $b Intersentia, $c 2017.
300 $a 1 online resource (xxxiv, 289 pages) : $b digital, PDF file(s).
336 $a text $b txt $2 rdacontent
337 $a computer $b c $2 rdamedia
338 $a online resource $b cr $2 rdacarrier
500 $a Title from publisher's bibliographic system (viewed on 02 Oct 2018).
505 0 0 $t Setting the scene -- $t Jurisdictional principles -- $t Procedural principles -- $t Substantive principles -- $t Interim results -- $t Conflict of principles -- $t Principles and harmonisation -- $g Concluding remarks.
520 $a The thesis of this book is that cross-border insolvency rules of all kinds (e.g. European Insolvency Regulation, UNCITRAL Model Law, ALI Principles for the NAFTA States, national laws such as Chapter 15 US Bankruptcy Code or Sch. 1 Cross-Border Insolvency Regulation 2006) are founded on, and can be traced back to, basic values and that they aim to pursue and enforce such standards. Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication, subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtor's assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)). Using the principle-oriented approach, the book will have a significant impact for both deciding cases and shaping cross-border insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions, for example where the treatment of secured creditors, support for foreign insolvency practitioners or even harmonisation of cross-border insolvency laws is at stake. About the author: Prof. Dr. Reinhard Bork holds the Chair in Civil Procedural Law at the University of Hamburg. He has been the Robert S. Campbell Visiting Fellow at Magdalen College, Oxford in 2010-2011 and 2015-2016. He is an experienced Court of Appeal Judge and arbitrator. 'The present book is clearly the product of massive and admirable research ... It is a major step forward in learning on the subject.' From the Foreword by Gabriel Moss QC' Professor Bork's important book identifies and systematically articulates a set of core foundational principles for cross-border insolvency law. His principled-based approach provides the basis for evaluating existing legal frameworks, such as the European Insolvency Regulation and the UNCITRAL Model Law, and for constructing a harmonized, transnational, normative order of insolvency law. Academics, law reformers, judges, and practitioners would be well advised to pay close attention to Professor Bork's excellent, clear-sighted and scholarly insights.' Adrian J. Walters, Ralph L. Brill Professor of Law, Chicago-Kent College of Law'[This book is] very interesting as a comprehensive survey of the major substantive and procedural principles governing the cross-border insolvency phenomenon.' Antonio Leandro, Associate Professor of International Law at the University of Bari Aldo Moro
650 0 $a Bankruptcy. $3 887733
650 0 $a Conflict of laws $x Bankruptcy. $3 1200190
776 0 8 $i Print version: $z 9781780684307
856 4 0 $u http://www.cambridge.org/core/product/identifier/9781780684659/type/BOOK