125 research outputs found

    The grand project: reform of the European insolvency regulation

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    Papers from the INSOL Europe Academic Forum and Academy of European Law Joint Insolvency Conference Trier, Germany, 18-19 March 2013 and the INSOL Europe Academic Forum Annual Conference Paris, France, 25-26 September 201

    Analyse critique du règlement 1346/2000

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    Analysis of the Commission's proposal for the reofrm of the European Insolvency Regulatio

    Study on a new approach to business failure and insolvency : Comparative legal analysis of the Member States’ relevant provisions and practices, Tender No. JUST/2012/JCIV/CT/0194/A4

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    This report, commissioned by the European Commission DG Justice, documents a comparative study on substantive insolvency law throughout the EU. It also includes an analysis of the EC Recommendation on a new approach to business failure and insolvency and its implementation in Member States. The report\u2019s findings and analysis were based on data on various insolvency law matters which was provided by national reporters from all EU Member States and two comparator countries, the United States and Norway. The report provides a horizontal cross-cutting analysis of the data identifying areas where disparities in national law create problems that have impacts outside of national boundaries. The areas covered by the report are : the duties and liabilities of directors and director disqualification; rules on the ranking of claims/order of priorities and the conditions under which certain detrimental acts can be avoided; conditions that exist for the opening of insolvency proceedings and fast-track or standardised procedures for small and medium sized enterprises (SMEs); the extent to which the EC Recommendation on a new approach to business failure and insolvency and the provision of second chance for entrepreneurs is reflected in Member States\u2019 approach; procedures available to overindebted consumers and explaining how over-indebtedness is dealt with in the Member States including the conditions and timeframe for debt reduction and discharge; and conncected matters such as length of the procedures, involvement of creditors, publicity and cost

    Foreword

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    Lo sviluppo delle competenze comunitarie in materia di diritto internazionale privato e processuale

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    Si tratta del saggio introduttivo a una raccolta degli atti e strumenti dell''Unione europea di diritto internazionale privato, giunto alla seconda edizione. Il saggio descrive lo sviluppo della competenza dell''UE in questo settore, gli aspetti istituzionali, le problematiche relative alle relazioni con Stati terzi e analizza come le questioni generali di diritto internazionale privato sono risolte in tali atti, proponendo soluzioni per le questioni non ancora risolte

    La riforma degli articoli 25 e 57 della legge n. 218/95

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    The author suggests the possible amendments to the Italian conflicts of laws provisions concerning the law applicable to companies and to contractual obligations, with specific reference to the opportunity to apply the Rome I Regulation or the Rome Convention to contractual obligations excluded form their scope of application
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