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Author: Gert-Jan Boon
Publisher: Oxford University Press
ISBN: 019256112X
Category : Law
Languages : en
Pages : 2088
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Book Description
This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
Author: Gert-Jan Boon
Publisher: Oxford University Press
ISBN: 019256112X
Category : Law
Languages : en
Pages : 2088
Get Book Here
Book Description
This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
Author: Alan S. Milward
Publisher: Psychology Press
ISBN: 9780415216296
Category : Business & Economics
Languages : en
Pages : 494
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Book Description
Newly revised and updated, this second edition is the classic economic and political account of the origins of the European Community book offers a challenging interpretation of the history of the western European state and European integration.
Author: Fernando Guirao
Publisher: Oxford University Press
ISBN: 0192605461
Category : History
Languages : en
Pages : 467
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Book Description
The European Rescue of the Franco Regime, 1950-1975 explores how the governments of the founding members of the European Coal and Steel Community and the European Economic Community, acting collectively via the European Communities, assisted in the consolidation of the Franco regime. It explains how the Six (the Nine after 1972) implemented a set of policy measures that facilitated the subsistence of the Franco regime, proving that trade with the Six improved Spain's overall economic performance, which in turn secured Franco's rule. The Six provided the Spanish economy with a stable supply of essential raw materials and capital goods and with outlet markets for the country's main export commodities. Through these mechanisms the European Communities assisted Spanish economic development and supported the stabilization of the non-democratic political regime ruling Spain. The Franco regime was never threatened by European integration and the Six/Nine managed to isolate meaningful Community negotiations with Spain from mounting political disturbance. The European Rescue of the Franco Regime, 1950-1975 shows that without unremitting material assistance from Western Europe, it would have been considerably more challenging for the Franco regime to attain the stability that enabled the dictator to maintain his rule until he died peacefully at 82 years old.
Author: B. Wessels
Publisher:
ISBN: 9780191932274
Category : Bankruptcy
Languages : en
Pages : 1434
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Book Description
This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the 'rescue' of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter.--
Author: Lynch Fannon, Irene
Publisher: Edward Elgar Publishing
ISBN: 1800887868
Category : Law
Languages : en
Pages : 384
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Book Description
Presenting a comprehensive overview of the changes in policies and economic doctrines of the American economy following the 2008 global financial crisis, this book critically examines the reformation of the corporate landscape. Observing the growth of oligopolistic market tendencies and increased economic concentration, it draws on scholarly literature from economics, management studies and legal theory to provide an integrated perspective on the causes and consequences of the crisis.
Author: Irene Lynch Fannon
Publisher: Edward Elgar Publishing
ISBN: 9781800887855
Category :
Languages : en
Pages : 384
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Book Description
Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework. Building on existing research, this book analyses the EU Directive (2019) harmonising 'preventive restructuring' law in all member states of the EU. Embodying a modern approach to business failure involving radical concepts, it examines the imposition of a stay or moratorium, the process of agreeing a compromise of existing debt through cram down and final approval, and ultimately financing the rescued business into the future. These concepts are considered in addition to the obligations imposed on courts through EU Regulation (2015) to cooperate in cross border litigation in insolvency generally. Chapters also provide a critical analysis of legal texts and commentary, studying the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes. Critically considering the legal initiatives affecting business rescue within broader EU legal context, this book will be an insightful read for EU policy makers and insolvency lawyers and practitioners. Academics and researchers with an interest in European law and EU integration will also benefit from this comprehensive book.
Author: William Drozdiak
Publisher: PublicAffairs
ISBN: 1541742575
Category : Political Science
Languages : en
Pages : 234
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Book Description
A revelatory examination of the global impact of Emmanuel Macron's tumultuous presidency. A political novice leading a brand new party, in 2017 Emmanuel Macron swept away traditional political forces and emerged as president of France. Almost immediately he realized his task was not only to modernize his country but to save the EU and a crumbling international order. From the decline of NATO, to Russian interference, to the Gilets Jaunes (Yellow Vest) protestors, Macron's term unfolded against a backdrop of social conflict, clashing ambitions, and resurgent big-power rivalries. In The Last President of Europe, William Drozdiak tells with exclusive inside access the story of Macron's presidency and the political challenges the French leader continues to face. Macron has ridden a wild rollercoaster of success and failure: he has a unique relationship with Donald Trump, a close-up view of the decline of Angela Merkel, and is both the greatest beneficiary from, and victim of, the chaos of Brexit across the Channel. He is fighting his own populist insurrection in France at the same time as he is trying to defend a system of values that once represented the West but is now under assault from all sides. Together these challenges make Macron the most consequential French leader of modern times, and perhaps the last true champion of the European ideal.
Author: Gerard McCormack
Publisher: Edward Elgar Publishing
ISBN: 1789908817
Category : Law
Languages : en
Pages : 319
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Book Description
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
Author: Philipp Werner
Publisher: Kluwer Law International
ISBN: 9789041151476
Category : Commercial law
Languages : en
Pages : 0
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Book Description
Introduction - The Law and Economics of EU State Aid Control /Vincent Verouden and Philipp Werner --Advantage /Giuseppe Conte and James Kavanagh --State Measure /Rein Wesseling and Marieke Bredenoord-Spoek --Selectivity /Michael Honoré --Distortion of Competition and Effect on Trade /Jacques Derenne and Vincent Verouden --Compatibility of Aid - General Introduction /Leigh Hancher and Phedon Nicolaides --General Block Exemption Regulation /Koert van Buiren and Alexander Rose --Ex Post Evaluation of Aid /Xavier Boutin and Inkalotta Nuotio-Osazee --Research, Development and Innovation Aid /Pascal Belmin and Hans Zenger --Regional Aid /Hans W. Friederiszick and Massimo Merola --Risk Finance Aid /Isabel Taylor and Albert Bravo-Biosca --Rescue and Restructuring Aid /Ulrich Soltész and Bruce Lyons --Services of General Economic Interest /Philipp Werner and Vincent Verouden --Infrastructure Aid /Penelope Papandropoulos and Elisabetta Righini --State Aid in the Broadband Sector /Hein Hobbelen and Oliver Stehmann --State Aid in the Postal Services Sector /Alessandra Fratini and Khaled Diaw --Transport Aid /Udo Woll and Andrew Meaney --Energy and Environmental Aid /Kai Struckmann and Geza Sapi --Aid to Broadcasting, Culture and Sport /Christine Gerlach and Dimitrios Pikios --Aid in the Banking Sector /Stan Maes and Stephen Mavroghenis --State Aid and Privatisation /Andreas von Bonin and Elisabeth Häringer.
Author: Gerard McCormack
Publisher: Edward Elgar Publishing
ISBN: 1786433311
Category : Law
Languages : en
Pages : 505
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Book Description
Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
