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Commencement of Insolvency Proceedings
First Edition
Edited by Dennis Faber, Niels Vermunt, Jason Kilborn, and Tomáš Richter
952 pages
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246x171mm
978-0-19-964422-3
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Hardback
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22 March 2012
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- The most detailed country-by-country analysis of national insolvency laws concerning the commencement of insolvency proceedings enabling readers to understand the key points and pitfalls of the law of each jurisdiction featured
- Includes all major legal families in 20 jurisdictions allowing access in English to otherwise inaccessible material
- Clear layout and uniform structure of national reports offers key information at a glance
- Extensive references and bibliography provide the principal sources of national insolvency law
- The new Oxford International and Comparative Law Series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings.
This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings.
This volume addresses the commencement of insolvency proceedings over business debtors and the conditions
in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned.
The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations.
This is the only book that offers
a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.Readership: Practitioners and academics in the field of insolvency law throughout the world; legal libraries; intergovernmental organizations such as the IMF and World Bank.
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Edited by Dennis Faber, Radbound University Nijmegen; Clifford Chance, Niels Vermunt, Radboud University Nijmegen; Linklaters, Jason Kilborn, Radboud University Nijmegen; John Marshall Law School (Chicago), and Tomáš Richter, Radboud University Nijmegen; Charles University of Prague: Clifford Chance LLP Dennis Faber is Professor of private and commercial law at the Business & Law Research Centre of the Radboud University Nijmegen, The Netherlands, and member of its Executive Board. He is senior adviser with Clifford Chance LLP, Amsterdam Office, and justice at The Hague Court of Appeal. Prof. Faber is co-editor of the Oxford International and
Comparative Insolvency Law Series.
Niels Vermunt is a senior researcher and lecturer in the field of private and commercial law at the Business & Law Research Centre of the Radboud University Nijmegen, The Netherlands, and secretary of its Executive Board. He is also adviser with Linklaters LLP, Amsterdam Office (Banking & Capital Markets Department). Niels Vermunt is co-editor of the Oxford International and Comparative Insolvency Law Series.
Jason Kilborn is Professor of Law at John Marshall Law School (Chicago) and Professor of International and Comparative Insolvency Law at the Business & Law Research Centre of the Radboud University Nijmegen, The Netherlands. He chairs the World Bank drafting group on the treatment of insolvency of natural persons and is a member of the World Bank working group on insolvency.
Professor Tomáš Richter is Of Counsel in the Prague office of Clifford Chance LLP and is Professor of Cross-border Corporate Insolvency Law at the Business & Law Research Centre of the Radboud University Nijmegen, The Netherlands. He also teaches at the Institute of Economic Studies, Faculty of Social Sciences, Charles University Prague. Contributors:
Marc Udink, INSOl Europe
Dennis Faber, Clifford Chance, University of Nijmegen
Niels Vermunt, University of Nijmegen
Jason Kilborn, John Marshall Law School
Tomáš Richter, Clifford Chance, Charles University of prague
Christopher Symes, University of
Adelaide
Eric Dirix, University of Leuven (K.U.Leuven) and Supreme Court of Belgium
Roel Fransis, University of Leuven (K.U.Leuven) and Liedekerke-Wolters-Waelbroeck-Kirkpatrick, Brussels
Rachel Sztajn, University of Sao Paulo Law School
Paulo Fernando Campos Salles de Toledo, University of São Paulo Law School
Fernando César Nimer Moreira da Silva, business consultant
Ngaundje Leno Doris, University of Pretoria
Stephanie Ben-Ishai, Osgoode Hall Law School, Toronto
Wang Weiguo, China University of Political Science and Law, Beijing
Gerard McCormack, University of Leeds
Cécile Dupoux, Linklaters LLP, Paris
Carole Nerguararian, Linklaters LLP, Paris
Christoph Paulus, Humboldt University Berlin
Matthias Berberich, Hengeler Mueller, Berlin
David Hahn, Bar-Ilan University
Carlos Sánchez-Mejorada y Velasco, Sánchez-Mejorada y Asocidos
Marek Porzycki, Jagiellonian University of Krakow
Kathleen van der Linde, University of Johannesburg
Soogeun Oh, Ewha Womans University, Seoul
Heejong Song, Ewha Womans University, Seoul
Ignacio Tirado, Universidad Autonoma of Madrid and The World Bank
Annina H. Persson, Örebro University
Marie Karlsson Tuula, University of Gothenburg
Benhajj S. Masoud, Nottingham Trent University and Open University of Tanzania
Jason Kilborn, John Marshall Law School, Chicago
and Radboud University Nijmegen
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"This Volume's authors have done a formidable job and the Series itself promises to become a truly valuable source not only for practitioners, but also for researchers and legislators." - Professor Dr. Bob Wessels (University of Leiden, Leiden Law School), International Insolvency Law Review "Practitioners, as well as academics involved in global business, would do well to add this useful and enlightening book to their professional libraries." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers
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Introduction
1: Christopher Symes: National Report for Australia
2: Eric Dirix and Roel Fransis: National Report for Belgium
3: Rachel Sztajn, Paulo Fernando Campos Salles de Toledo and Fernando César Nimer Moreira da Silva: National Report for Brazil
4: Ngaundje Leno Doris: National Report for Cameroon
5: Stephanie Ben-Ishai: National Report for Canada
6: Wang Weiguo: National Report for the People's Republic of China
7: Tomáš Richter: National Report for the Czech Republic
8: Gerard McCormack: National Report for England
9: Cécile Dupoux and Carole Nerguararian: National Report for France
10: Christoph G. Paulus and Matthias Berberich: National Report for Germany
11: David Hahn: National Report for Israel
12: Carlos Sanchez-Mejorada y Velasco: National Report for Mexico
13: Dennis Faber and Niels Vermunt: National Report for the Netherlands
14: Marek Porzycki: National Report for Poland
15: Kathleen van der Linde: National Report for South Africa
16: Soogeun Oh and Heejong Song: National Report for the Republic of Korea (South Korea)
17: J. Ignacio Tirado: National Report for Spain
18: Annina H. Persson and Marie Karlsson Tuula: National Report for Sweden
19: Benhajj Masoud: National Report for Tanzania
20: Jason Kilborn Bibliography: National Report for the United States
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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