INTERNATIONAL COOPERATION IN THE AREA OF INSOLVENCY Cover Image

COOPERARE INTERNAŢIONALĂ ÎN MATERIA INSOLVENŢEI
INTERNATIONAL COOPERATION IN THE AREA OF INSOLVENCY

A JUDICIAL PERSPECTIVE

Author(s): Nicoleta-Mirela Năstasie
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: cross border insolvency; international cooperation; Regulation (EU) 2015/848; UNCITRAL Model Law on Cross Border Insolvency

Summary/Abstract: In the condition of increasing activity of corporate entities operating cross border businesses, connections between insolvency laws and economic aspects in different nations, the aims of this paper are to foster a critical and comprehensive analysis of international insolvency provisions applicable in Romania in the matter of judicial cooperation, recognition and assistance of foreign insolvency proceedings.Some procedural issues in cross border insolvency and methods of solving them are emphasised: judicial competence; the concept of representative in the insolvency proceeding; court access and the management of the cross border insolvency cases; language of notification and communication; accessible insolvency information.The study of the international law and the practices is made in conjunction with the European Insolvency Regulation, the UNCITRAL Model Law on Cross Border Insolvency and national legislation, to assist practitioners and judges in promoting the dialogue and communication in international insolvency cases in a manner more practical and flexible, to find efficient solutions for specific and unique circumstances of each case.

  • Issue Year: 63/2018
  • Issue No: 1
  • Page Range: 35-42
  • Page Count: 29
  • Language: Romanian