Improvements and Missed Opportunities

Recasting the Insolvency Regulation

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This book comprises contributions relating to the Insolvency Regulation Recast,
which recently entered into force. The authors analyse the changes introduced and
give their views on the improvements that are thereby achieved. In other words, they
assess to what extent the amendments have mitigated the disadvantages of the previous
Insolvency Regulation.

Three of the chapters concentrate on the issues pertaining to jurisdiction, such as
the problem of forum shopping by re-locating the debtor’s centre of main interests.
Furthermore, the extent to which the parties have the freedom to contract within
the framework of the Insolvency Regulation Recast is discussed. Also, the relevance
and consequences of recent developments in corporate law for the current crossborder
insolvency framework, as well as the jurisdictional issues concerning approval
requirements are amongst the matters addressed. Aside from the jurisdictional matters,
the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossborder
cooperation between national authorities in the field of insolvency is touched
upon. To conclude, this book covers a range of specific and intriguing topics brought
up by the Insolvency Regulations Recast.

This third volume in the Short Studies in Private International Law Series is primarily
aimed at legal academics dealing with cross-border insolvency, but it will also prove
useful to insolvency judges and practitioners, as well as those specialised in financial
and fiscal law. Finally, advanced students as well as those with a general interest in
insolvency law will also find it of added value.

Vesna Lazi? is Senior Researcher at the T.M.C. Asser Institute and Associate Professor
of Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert in
private international law and PhD Candidate at the Erasmus School of Law, Rotterdam.

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