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International Insolvencies. The European Approach

Author: Philippe HAMEAU / Michaël RAIMON

Type: Article

ref: 62003645-665

N0:6 of 2003

Pages: 645-665

Private international law on insolvency has undergone significant change in the last few years. Since the Kléber case, the effort for the coordination of legal systems has been increased, in particular in 2002, with the Cour de cassation (French Supreme Court of Appeal) affirming the principle of universality and with the entry into force of the European Community Regulation on insolvency proceedings.
A number of issues have arisen in this new context, in particular regarding cross-border effectiveness of insolvency judgments and the determination of an insolvent debtor’s centre of main interests. Those issues are worth examining in the light of positions adopted in England (common law system), and Germany (civil law system).

- General Rules (Droit Commun)
-- The Move towards Universality under French Case Law
-- Contributions of Comparative Law

- European Community Law
-- The System Created by the Regulation
-- Implementation of the System