Current Issues in European Financial and Insolvency Law

Perspectives from France and the UK

Wolf-Georg Ringe, Louise Gullifer, Philippe Théry, Wolf-Georg Ringe, Louise Gullifer, Philippe Théry

• Publisher: Hart Publishing
• Year: 2009
• Print ISBN:
  9781841139357
• Edition: 1
• eBook ISBN:
  9781847315151
• Topic: Law
• Subtopic: Bankruptcy & Insolvency Law
• Index: Law

Recent case-law and legislation in European company and insolvency law have significantly furthered the integration of European business regulation. In particular, the case-law of the European Court of Justice and the introduction of the EU Insolvency Regulation have provided the stimulus for current reforms in various jurisdictions in the fields of insolvency and financial law. The UK, for instance, has adopted the Enterprise Act in 2002, designed, inter alia, to enhance enterprise and to strengthen the UK's approach to bankruptcy and corporate rescue. In a similar vein, a recent reform in France has modernised French insolvency law and even introduced a tool similar to the successful English 'company voluntary arrangement' (CVA).

This book provides a collection of studies by some of the leading English and French experts today, analysing current perspectives of insolvency and financial law in Europe, both on the national as well as on the European level.

Table of contents

• Prelims
• Preface
• Contents
• Contributors
• 1 The Evolution of Insolvency law in France
• 2 The Reforms of the Enterprise Act 2002 and the Floating Charge as a Security Device
• 3 The Effect of the Enterprise Act 2002: Empirical Research into Corporate Insolvency
• 4 Comment and Summary
• 5 Strategic Insolvency Migration and Community Law
• 6 The ‘Centre of the Debtor’s Main Interests’: Comments on the Eurofood Judgment of the ECJ
• 7 European Insolvency Proceedings and Party Choice: Comment
• 8 The Recent Influence of Insolvency Law on the Evolution of Security in French Law
• 9 Guarantees and Collective Procedures
• 10 Comments and Discussion Report
• 11 The Exclusion of Certain Creditors from the Law of Collective Proceedings
• 12 How Do the Courts Choose between Different Bankruptcy Outcomes? The Results of a French Survey
• 13 Comments and Discussion Report
• 14 Summary
• 15 Annex
• Index