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Security rights, the European Insolvency Regulation and concerns about the non-application of avoidance rules

Keay, Andrew 2016, Security rights, the European Insolvency Regulation and concerns about the non-application of avoidance rules, European law review, vol. 41, no. 1, pp. 72-90.

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Title Security rights, the European Insolvency Regulation and concerns about the non-application of avoidance rules
Author(s) Keay, Andrew
Journal name European law review
Volume number 41
Issue number 1
Start page 72
End page 90
Total pages 18
Publisher Sweet & Maxwell
Place of publication London, Eng.
Publication date 2016
ISSN 0307-5400
Summary This article addresses debtors who have entered insolvency proceedings in a Member State of the EU so that the European Regulation on Insolvency Proceedings applies, and before the opening of insolvency proceedings they granted some form of security to another party. TheEL Rev February 2016 Page 5 of 5article analyses the issues that are relevant to determining whether the granting of security prior to the advent of insolvency proceedings under the Regulation can be avoided, and it examines the extent to which pre-insolvency transactions involving security would be protected by arts 5 and 13 of the Regulation. It then analyses the concerns that might be articulated in relation to the application of art.13 and what options are available to the ECto address these concerns.
Language eng
Field of Research 1801 Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Sweet & Maxwell
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091938

Document type: Journal Article
Collection: Law
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