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The harmonization of the avoidance rules in European Union insolvencies

Keay, Andrew 2017, The harmonization of the avoidance rules in European Union insolvencies, International and comparative law quarterly, vol. 66, no. 1, pp. 79-105, doi: 10.1017/S0020589316000518.

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Title The harmonization of the avoidance rules in European Union insolvencies
Author(s) Keay, Andrew
Journal name International and comparative law quarterly
Volume number 66
Issue number 1
Start page 79
End page 105
Total pages 27
Publisher Cambridge University Press
Place of publication Cambridge, Eng.
Publication date 2017-01
ISSN 0020-5893
1471-6895
Summary Cross-border transactions and resultant legal proceedings often cause problems. One major problem is knowing which law should govern the transaction and any legal proceedings. Cross-border insolvencies in the EU are subject to the European Regulation on Insolvency Proceedings (EIR) but this legislation does not determine which substantive insolvency law rules apply in a given insolvency. There are many differences in the insolvency rules applicable in the various EU Member States and this has caused concern in relation to the avoidance of transactions entered into by an insolvent prior to the opening of insolvency proceedings. In light of this, the paper examines options to address divergence between national avoidance rules. One option, harmonization, is analysed as well as its possible benefits and drawbacks.
Language eng
DOI 10.1017/S0020589316000518
Field of Research 180116 International Law (excl International Trade Law)
180106 Comparative Law
1801 Law
Socio Economic Objective 949999 Law
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, British Institute of International and Comparative Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30090287

Document type: Journal Article
Collection: Law
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