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The European Insolvency Regulation and Implementing Legislations
  • Language: en
  • Pages: 769

The European Insolvency Regulation and Implementing Legislations

  • Categories: Law

This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State’s judgements along with a regime of coordination between proceedings opened in different Member States.

Research Handbook on the Brussels Ibis Regulation
  • Language: en
  • Pages: 391

Research Handbook on the Brussels Ibis Regulation

  • Categories: Law

This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.

Managers in European Law
  • Language: en
  • Pages: 439

Managers in European Law

  • Categories: Law

Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and compar...

Rescuing Companies in England and Germany
  • Language: en
  • Pages: 527

Rescuing Companies in England and Germany

  • Categories: Law
  • Type: Book
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  • Published: 2012-03-08
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  • Publisher: OUP Oxford

This book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success. Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor's assets. It also tackles the legal processes and how a reorganization can be commenced. The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decis...

Executory Contracts in Insolvency Law
  • Language: en
  • Pages: 646

Executory Contracts in Insolvency Law

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.

Deschooling as a Taboo Transgression
  • Language: en
  • Pages: 169

Deschooling as a Taboo Transgression

With the realization of familial deschooling in Germany, the so-called social movement of the ,Freilerner’ transgresses a taboo and is therefore under enormous pressure to justify itself. Following on from this, the reconstructive study asks what latent structures of meaning underlie the subjective crisis scenarios about the schooling of children and the ideal concepts of parents in the sense-giving justification of the family deschooling practice. In the course of this, three types of the justification for the familial practice of deschooling, namely defending, charismatizing, and escaping, are empirically established. In this way, the study not only makes an empirically based contribution to a more reflective discourse on alternative educational practices, but also pushes itself into a taboo zone of school pedagogy and educational research in Germany. Because it addresses the school as a historically consolidated, but not as an organization without alternatives for learning and educational processes of children and adolescents.

EU Market Abuse Regulation
  • Language: en
  • Pages: 544

EU Market Abuse Regulation

  • Categories: Law

This comprehensive Commentary examines the implications of the EU’s Market Abuse Regulation, introduced following the 2008 financial crisis after gaps were identified in the existing regulatory framework. It explores whether and how the Regulation achieves its aims of preserving the integrity of financial markets by preventing insider dealing and market manipulation, providing a harmonised legal framework, and increasing legal certainty for all market participants.

Legal Responses to Unjustified Threats of Patent Infringement
  • Language: en
  • Pages: 187

Legal Responses to Unjustified Threats of Patent Infringement

  • Categories: Law

In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.

Covenants and Third-Party Creditors
  • Language: en
  • Pages: 270

Covenants and Third-Party Creditors

  • Categories: Law
  • Type: Book
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  • Published: 2017-10-17
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  • Publisher: Springer

This book adds to the debate on the effects of covenants on third-party creditors (externalities), which have recently become a focus of discussion in the contexts of bankruptcy law, corporate law and corporate governance. The general thrust of the debate is that negative effects on third-party creditors predominate because banks act in their own self-interest. After systematising the debated potential positive and negative externalities of covenants, the book empirically examines these externalities: It investigates the banks’ factual conduct and its effects on third-party creditors in Germany and the US. The study’s most significant outcome is that it disproves the assumption that bank...

The Next Systemic Financial Crisis – Where Might it Come From?
  • Language: en
  • Pages: 216

The Next Systemic Financial Crisis – Where Might it Come From?

  • Categories: Law

Where might the next systemic financial crisis come from? And how do we achieve financial stability in a poly crisis world? This book addresses macroeconomic factors, crypto assets, non-bank financial institutions and regulated financial service providers, keeping in mind that each sector can interact with the others to produce a cluster of risks with compounding effects.