20,528 research outputs found

    Germany and Spain lead changes towards international insolvencies in Europe

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    With the Council regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings, that came into effect May 31, 2002 the European Union has introduced a legal framework for dealing with cross-border insolvency proceedings. In order to achieve the aim of improving the efficiency and effectiveness of insolvency proceedings having cross-border effects within the European Community, the provisions on jurisdiction, recognition and applicable law in this area are contained in a Regulation, a Community law measure which is binding and directly applicable in Member States. The goals of the Regulation, with 47 articles, are to enable cross-border insolvency proceedings to operate efficiently and effectively, to provide for co-ordination of the measures to be taken with regard to the debtor’s assets and to avoid forum shopping. The Insolvency Regulation, therefore, provides rules for the international jurisdiction of a court in a Member State for the opening of insolvency proceedings, the (automatic) recognition of these proceedings in other Member States and the powers of the ‘liquidator’ in the other Member States. The Regulation also deals with important choice of law (or: private international law) provisions. The Regulation is directly applicable in the Member States3 for all insolvency proceedings opened after 31 May 2002

    Stability of Covariant Relativistic Quantum Theory

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    In this paper we study the relativistic quantum mechanical interpretation of the solution of the inhomogeneous Euclidean Bethe-Salpeter equation. Our goal is to determine conditions on the input to the Euclidean Bethe-Salpeter equation so the solution can be used to construct a model Hilbert space and a dynamical unitary representation of the Poincar\'e group. We prove three theorems that relate the stability of this construction to properties of the kernel and driving term of the Bethe-Salpeter equation. The most interesting result is that the positivity of the Hilbert space norm in the non-interacting theory is not stable with respect to Euclidean covariant perturbations defined by Bethe-Salpeter kernels. The long-term goal of this work is to understand which model Euclidean Green functions preserve the underlying relativistic quantum theory of the original field theory. Understanding the constraints imposed on the Green functions by the existence of an underlying relativistic quantum theory is an important consideration for formulating field-theory motivated relativistic quantum models.Comment: 29 pages, Latex, corrected typos, added background section, improved proof of key resul

    EU insolvency regulation and its impact on European business

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    Insolvenzrecht, Internationales Recht, EU-Staaten, Bankruptcy law, International law, EU countries
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