Name: Directors liability in the twilight zone - Loes Lennarts - eBook (9789462749115)
SKU: 734ca1d6766c25f54e181aa9fc51c21a
Price: 65.28 EUR
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Directors liability in the twilight zone - Loes Lennarts - eBook (9789462749115)

The legislative efforts of the European Union with respect to insolvency were, for a long time, limited to providing uniform rules of international private law on the competent court, applicable law and recognition by means of the European Insolvency Regulation. In recent years, the legislative efforts have shifted towards harmonization of substantive insolvency law at a European level. The most defining characteristic of this harmonization attempt is the focus on reorganization instead of liquidation. In November 2016, the European Commission presented its proposal for a Directive on Preventive Restructuring Frameworks, Second Chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures. The Directive provides for the possibility to reorganize prior to and outside of court supervised insolvency procedures. It envisions that such preventive restructurings should enable enterprises to restructure at an early stage and to avoid the opening of forma…

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New Bank Insolvency Law for China and Europe - Qingjiang Kong - eBook (9789462746800)

This is Volume one of a new series on 'New Bank Insolvency Law for China and Europe'. This volume provides a comprehensive analysis of the current Chinese bank insolvency framework, and discusses future developments in the field of Chinese bank insolvency law. This research has been made possible by the Royal Netherlands Academy of Arts and Sciences, and the Chinese Ministry of Education. In this series, researchers of the China University of Political Science and Law, and Leiden Law School's Hazelhoff Centre for Financial Law addressed the question: how best to achieve a modernized bank insolvency regime for China and the EU? The series takes into account some of the most important developments in international restructuring and insolvency law. The volumes on 'New Bank Insolvency Law for China and Europe' therefore present a valuable resource for academics, practitioners and policymakers, and a timely contribution to scholarly and practical discussions about the development of rules t…

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The EU Bill of Rights’ Diagonal Application to Member States - eBook (9789462749153)

It is out of the question that nowadays the European competence to defend rule of law and human rights against Member States is one of the core issues of the ‘European project’. In the last decade, the EU institutions have made several, benevolent but feeble, attempts to enforce rule of law and human rights requirements. Though EU law’s approach, at least at first glance, might appear to be idiosyncratic, it is far from unprecedented and, as far as multilevel constitutionalism is concerned, EU law may draw on the experiences of various regimes where centralized human rights protection and national (state) constitutional identities coexist. Comparative federalism provides an array of experiences, solutions and techniques, which help the European integration to grasp and address the diagonal enforcement of human rights and to take stock of its solutions. This volume addresses the EU’s human rights problem from a comparative perspective and explores the constitutional and jurisprudential …

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Credit rating agency liability in Europe

The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century. In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation. This provision has drawn attention because of its remarkable structure: Article 35a CRA Regulation introduced a legal ground for civil liability at the European level, while general tort law has not been harmonised at the European level. This book investigates Article 35a CRA Regulation from multiple legal perspectives. Combining EU law, Private International Law and Dutch, French, German and English national private law, this book answers the main question of whether Article 35a CRA Regulation achieves its post-crisis goal of being an adequate right of redress for issuers and investors whilst it has to be interpreted under various systems of national law. In answer…

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Depositaries in European Investment Law - Sebastiaan Hooghiemstra - eBook (9789462748774)

In practice, the same banks and investment firms are acting as a custodian under MiFID II and CRD IV, a depositary under the AIFMD/UCITSD V and a depositary/custodian under IORPD II. Although the safekeeping activities performed by both are similar, European investment law is inconsistent in in allowing depositaries and custodians to provide cross-border financial services throughout Europe. This book provides an in-depth analysis of the concept of the cross-border provision of financial services under European investment law and the regulation applying to depositaries and custodians under MiFID II, CRD IV, the CSDR, AIFMD, UCITSD V and IORPD II. The analysis considers whether and to what extent depositaries and custodians are similarly regulated under European investment law and under what conditions a cross-sectoral European depositary passport could be introduced.

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Houses, Homes and the Law - eBook (9789460942235)

This book is the result of the successful collaboration between two research networks: the Housing Law Working Group of the European Network for Housing Research (ENHR) and the TENLAW research network. It deals with evictions, their social background and regulation under procedural and human rights law; housing problems of indigenous and ethnic minorities and immigrants; the relationship between landlords, tenants and agents and the private rental sector; housing satisfaction and the instruments and models to measure it; and fi nally national instances of the European housing crises in Spain, Germany and Romania. The contributions in this volume will further enhance the understanding of housing law and rights, and provide useful materials for future comparative analysis. Houses, Homes and the Law is the third volume in the series that seeks to examine the many facets of housing law from a variety of academic and professional perspectives.

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Balancing the protection of business and employment in insolvency - Jennifer L.L. Gant - eBook (9789462747081)

Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy. Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection. This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems. This approach is useful as a background to future reform efforts as it explains how part…

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Islamic divorces in Europe - Pauline Kruiniger - eBook (9789462741928)

This book addresses the issue of the recognition of Islamic divorces in European states. Repudiation-based divorces are particularly notorious for their presumed violation of fundamental rights of women and are consequently often not recognized. The resulting limping of legal relationships affects other fundamental rights of the persons involved, such as the right to marry and the right of free movement. For this reason, the author scrutinizes classical Islamic divorce law and the contemporary divorce laws and practices of Egypt, Iran, Morocco and Pakistan, as well as the Dutch, English and French recognition policies and relevant EU (case) law. By introducing various soft and hard law solutions, she provides legal practitioners with the information and tools to tackle major shortcomings in the recognition of Islamic divorces. The book is therefore a mustread for legal practitioners such as registrars, notaries and members of the judiciary, as well as academics.

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Prudential regulation of investment firms in the European Union - Paperback (9789013163940)

As of June 2021, a new regulatory regime for investment firms will come into force. What are the building blocks of the past and present legislation and how should they be interpreted? What risks do investment firms face and are these adequately addressed in the new regime? This publication discusses these questions in detail. Traditionally, the prudential regulatory response for investment firms in the European Union has been closely linked with the prudential regulatory response for banks. However, as the actual risk profile of these types of enterprises can differ significantly, the European Commission voiced the need for a new regulatory regime tailored to investment firms. Therefore, as of June 2021, new legislation will come into place for all investment firms within the European Union. Prudential regulation of investment firms in the European Union discusses the risk profile of investment firms. What are the typical risks an investment firm is exposed to when providing investmen…

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Ministers of Justice in Comparative Perspective - Natalie Fox, Piotr Mikuli, Radosław Puchta - eBook (9789462741904)

This book analyses the institution of Minister of Justice in the constitutional systems of several European countries: the United Kingdom, Ireland, Germany, Austria, France, Italy, and Poland. The research was based on the hypothesis that the Minister of Justice is, in fact, inessential, because the institution is to a large extent incompatible with the principles of the separation of powers and the independence of the judiciary. Certain competences currently assigned to this institution might be allocated to other bodies and departments, including those that function as part of the government (the Cabinet), without any prejudicial effect on the functioning of the state. The book is aimed at academics in the field of comparative constitutional law. Piotr Mikuli, Ph.D. (habil.), is a professor at the Jagiellonian University in Kraków and head of the Chair in Comparative Constitutional Law. His interests include constitutional and administrative justice, political systems and constitutio…

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Directors liability in the twilight zone - Loes Lennarts - eBook (9789462749115)

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