Font Size: a A A

Study On The Regulation(EU)2015/848 On Insolvency Proceedings

Posted on:2018-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:S L LiuFull Text:PDF
GTID:2336330515498189Subject:Law
Abstract/Summary:PDF Full Text Request
Aimed to efficiently and effectively operate cross-border insolvency proceedings,and function the European internal market,the EU Regulation on insolvency proceedings not only provides a legal basis for the unification of EU cross-border insolvency legislation,but also has an important influence on the construction of cross-border insolvency system in the world.It has become the representative of the cross-border insolvency legal system.2015,the EU legislature formally promulgated the revised Regulation(EU)2015/848 of the European Parliament and of the Council on insolvency proceedings,which means the further improvement of the legal system of EU cross-border insolvency.The main purpose of this paper is to study the cross-border insolvency law system under the Regulation(EU)2015/848 on insolvency proceedings,focus on the main content of this revision,and give some suggestions on the construction of cross-border insolvency system in China.The paper is divided into three parts:introduction,text and conclusion.Besides the introduction and conclusion,the text is divided into five chapters:The first chapter is the summary of the EU Regulation on insolvency proceedings,including the meaning and evolution of EU cross-border insolvency legislation,the main differences between Regulation(EU)2015/848 and Regulation(EC)1346/2000,and the binding of the Regulation(EU)2015/848.The second chapter explores the jurisdiction of the cross-border insolvency proceedings under the EU Regulation on insolvency proceedings.It includes the division and coordination of the parallel model of main and secondary insolvency proceedings,stipulated in the Regulation(EU)2015/848;the development of the"center of main interest" standard in theory and practice,and the refining of this standard in the Regulation(EU)2015/848.The third chapter discusses the necessity of establishing the insolvency registers under the Regulation(EU)2015/848,introduces the interconnection and protection of personal data of the insolvency registers,and analyzes the advantages of the insolvency registers.The fourth chapter discusses the necessity of adding the insolvency proceedings of group of companies under the Regulation(EU)2015/848,introduces the group coordination proceedings and the cooperation and communication mechanism of the insolvency proceedings of group of companies,and analyzes the advantages of the insolvency proceedings of group of companies.The fifth chapter analyzes the current problems of the existing cross-border insolvency system in China,and then,for these problems,combined with the relevant contents of four chapters above,gives some recommendations for the construction of cross-border insolvency system in China.
Keywords/Search Tags:EU, Cross-border Insolvency, Jurisdiction, Insolvency Registers, Group of Companies
PDF Full Text Request
Related items