Principles of Cross-Border Insolvency Law

Abstract

The thesis of this book is that cross-border insolvency rules of all kinds aim to pursue and enforce basic standards. Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles, procedural principles and substantive principles. Using the principle-oriented approach, the book will have a significant impact for both deciding cases and shaping cross-border insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions, for example where the treatment of secured creditors, support for foreign insolvency practitioners or even harmonisation of cross-border insolvency laws is at stake --Back cover. Setting the scene -- Jurisdictional principles -- Procedural principles -- Substantive principles -- Interim results -- Conflict of principles -- Principles and harmonisation -- Concluding remarks.