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The EC Regulation on Insolvency Proceedings: A Commentary and Annotated Guide »

Book cover image of The EC Regulation on Insolvency Proceedings: A Commentary and Annotated Guide by Gabriel S. Moss

Authors: Gabriel S. Moss (Editor), Ian Fletcher (Editor), Stuart Isaacs
ISBN-13: 9780199251094, ISBN-10: 0199251096
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: March 2003
Edition: (Non-applicable)

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Author Biography: Gabriel S. Moss

Gabriel Moss QC studied Law at St Catherine's College, Oxford, graduating in 1971. He was called to the Bar in 1974 and appointed Queen's Counsel in 1989. In 1998 he was elected a Bencher of Lincoln's Inn and was authorised to sit as a Deputy High Court Judge in 2001. He is a practising barrister specialising in business and financial law, and in particular insolvency and commercial/company matters. Gabriel Moss has written widely on insolvency and sits on several editorial advisory boards on the subject. Stuart Isaacs QC was educated at The Haberdashers' Aske's School and Downing College, Cambridge. He graduated with a Double First in 1974 and was called to the Bar in 1975. He was appointed Queen's Counsel in 1991, an Assistant Recorder in 1992, and a Recorder in 1997. In 1999 he was elected a Bencher of Lincoln's Inn. Stuart Isaacs has practised in the fields of EU and commercial law and advises various public bodies and organisations on a standing basis on EU law matters. Professor Ian Fletcher was appointed to the Chair of Herbert Smith Professor of International Commercial Law at University College London in January 2001. He is a graduate of Cambridge University and was called to the Bar in 1971. He currently practises from South Square Chambers. Professor Fletcher's principal research interests are in the fields of Bankruptcy and Insolvency Law, EC Law, Conflict of Laws and Comparative Law. He has written widely in these areas and sits on the editorial boards of several law journals.

Book Synopsis

This major new work provides a complete analysis of the EC Council Regulation on Insolvency Proceedings, which takes direct effect in Member States without need for national legislation. The Regulation has a considerable impact upon insolvency proceedings throughout the EU, and is also of major significance to parties based outside the EU which have any kind of credit-based relationship with parties operating within the EU, or which have property interests located inside the EU. The book contains a series of topic-based narrative chapters, followed by a detailed article-by-article commentary on the Regulation itself, with cross-references to the preceding chapters. It is written by a small team of top specialists, including the three editors, and also draws upon the comments of a team of consultant experts across Europe. It will have international appeal to all law firms, libraries and institutions with a specialism in corporate or commercial law.

Table of Contents

List of Contributors
List of Abbreviations
Table of Cases
Tables of Legislation
1Historical Overview: The Drafting of the Regulation and its Precursors1
2The Insolvency Regulation as a Community Legal Instrument15
3Scope and Jurisdiction35
4Choice of Law Rules45
5Recognition and Enforcement67
6The Effect of the Regulation on Cross-Border Security and Quasi-security91
7Regulating Financial Services and Markets in the EU131
8Commentary on Council Regulation 1346/2000 on Insolvency Proceedings155
App. 1Council Regulation (EC) No 1346/2000239
App. 2Virgos-Schmit Report on the Convention on Insolvency Proceedings261
App. 3UK Insolvency Proceedings: Practice Note, Sample Form and List of Relevant Statutory Instruments329
App. 4Article 249 EC333
Index335

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