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The Resource Security rights and the European Insolvency Regulation, edited by Gerard McCormack, Reinhard Bork

Security rights and the European Insolvency Regulation, edited by Gerard McCormack, Reinhard Bork

Label
Security rights and the European Insolvency Regulation
Title
Security rights and the European Insolvency Regulation
Statement of responsibility
edited by Gerard McCormack, Reinhard Bork
Contributor
Editor
Subject
Language
eng
Summary
Security rights are of fundamental importance to the granting of credit. They are generally considered to increase the availability and lower the cost of credit but there appear to be divergent views across Europe and elsewhere on the extent to which it should be possible to create security rights over assets. Moreover, laws in many countries - avoidance laws - strike at advantage gaining by creditors in the period immediately before formal insolvency proceedings are instituted. It is seen as potentially unfair to other creditors who may be forced into taking enforcement proceedings against the debtor and this may precipitate the premature liquidation of the debtor with an overall loss of economic value. The book will assess the conception of security rights according to the different European legal traditions. It will also evaluate the appropriateness of the protection given to security rights in light of:- developments in those European legal traditions;- the objective of the Insolvency Regulation to facilitate the more effective administration of cross-border insolvency cases; - the need for security in the context of the financial crisis;- the basic principles of ensuring fairness between creditors;- forestalling premature liquidation; and- reinforcing the collective nature of the insolvency process. The growth strategy put forward by the European Commission, Europe 2020, is designed to achieve economy recovery and sustainable growth, targeting as primary goals a higher investment rate and the preservation of employment. The rescue of troubled enterprises is at the core of this strategy and the book plots the alignment between this strategy and the evolution of the Insolvency Regulation. The objective is to facilitate a situation where economic and social systems are adaptable, resilient and fair; where economic activity is sustainable; and where human values are respected. About the book 'This very broad comparative study includes analysis and evaluation of the laws on secured rights demonstrating rather divergent views across the EU regarding the extent to which it should be possible to create security rights over assets. It presents a broad array of options and solutions which might spark further thoughts and innovations. It goes deeply into the meaning of Article 5 of the EU Insolvency Regulation 1346/2000, now the similar Article 8 Recast. It analyses also the many differences countries have when defining a right in rem" and its effects. The full study may assist Member States in enhancing their domestic laws or possible law reform. It should be read by representatives of the banking industry and economists who often confuse insolvency with pure asset liquidation. In the academic world it will allow for discussion and circulation of ideas
Member of
Cataloging source
UkCbUP
Dewey number
346.24078
Index
index present
LC call number
KJE4170
LC item number
.S43 2017
Literary form
non fiction
Nature of contents
dictionaries
http://library.link/vocab/relatedWorkOrContributorName
  • McCormack, G.
  • Bork, Reinhard
http://library.link/vocab/subjectName
  • Bankruptcy
  • Business enterprises
  • Commercial credit
Label
Security rights and the European Insolvency Regulation, edited by Gerard McCormack, Reinhard Bork
Instantiates
Publication
Note
Title from publisher's bibliographic system (viewed on 02 Oct 2018)
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Security rights under Article 5 of the insolvency regulation and Article 8 of the 'Recast' -- Transactional avoidance and the insolvency regulation -- Security rights, national laws and possible reforms -- Transactional avoidance, national laws and possible reforms -- Germanic legal system - Germany and Austria -- Common law system - England and the Republic of Ireland -- Roman legal system - Spain, Italy and France -- Central and Eastern european systems - Hungary, Poland and Lithuania
Control code
CR9781780684987
Extent
1 online resource (xlvi, 701 pages)
Form of item
online
Isbn
9781780684987
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote
Label
Security rights and the European Insolvency Regulation, edited by Gerard McCormack, Reinhard Bork
Publication
Note
Title from publisher's bibliographic system (viewed on 02 Oct 2018)
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Security rights under Article 5 of the insolvency regulation and Article 8 of the 'Recast' -- Transactional avoidance and the insolvency regulation -- Security rights, national laws and possible reforms -- Transactional avoidance, national laws and possible reforms -- Germanic legal system - Germany and Austria -- Common law system - England and the Republic of Ireland -- Roman legal system - Spain, Italy and France -- Central and Eastern european systems - Hungary, Poland and Lithuania
Control code
CR9781780684987
Extent
1 online resource (xlvi, 701 pages)
Form of item
online
Isbn
9781780684987
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote

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