The transaction avoidance regime in the recast European insolvency regulation: Limits and prospects

Research output: Contribution to journalArticle

Abstract

In the last decade, transaction avoidance in insolvency law has been in the limelight of the academic discussions. In particular, the scholarship has highlighted how the European Insolvency Regulation gives rise to several private international law issues. Moreover, the scholarship has explored solutions to these issues and proposed to harmonise the regime of transaction avoidance at European Union level. However, the recent legislative developments on the cross‐border insolvency law seem resistant to the proposed harmonisation. This article focuses on the transaction avoidance regime in the Recast European Insolvency Regulation. In particular, it seeks to evaluate whether the Recast has solved the issues arising within the original European Insolvency Regulation in relation to transaction avoidance. Secondly, it questions the suitability of the private international law approach to transaction avoidance in cross‐border insolvency within the European Union framework. The research suggests that the efforts required to the private international law framework to deal efficiently with transaction avoidance make the harmonisation of the regime of transaction avoidance at the European Union level a more appealing option.
Original languageEnglish
Pages (from-to)163-183
Number of pages21
JournalInternational Insolvency Review
Volume28
Issue number2
Early online date30 Jul 2019
DOIs
Publication statusPublished - 31 Jul 2019
Externally publishedYes

Fingerprint

insolvency
transaction
regime
regulation
private law
international law
harmonization
Law
Insolvency
Avoidance

Cite this

@article{16aac722be8045258510188ab88d676b,
title = "The transaction avoidance regime in the recast European insolvency regulation: Limits and prospects",
abstract = "In the last decade, transaction avoidance in insolvency law has been in the limelight of the academic discussions. In particular, the scholarship has highlighted how the European Insolvency Regulation gives rise to several private international law issues. Moreover, the scholarship has explored solutions to these issues and proposed to harmonise the regime of transaction avoidance at European Union level. However, the recent legislative developments on the cross‐border insolvency law seem resistant to the proposed harmonisation. This article focuses on the transaction avoidance regime in the Recast European Insolvency Regulation. In particular, it seeks to evaluate whether the Recast has solved the issues arising within the original European Insolvency Regulation in relation to transaction avoidance. Secondly, it questions the suitability of the private international law approach to transaction avoidance in cross‐border insolvency within the European Union framework. The research suggests that the efforts required to the private international law framework to deal efficiently with transaction avoidance make the harmonisation of the regime of transaction avoidance at the European Union level a more appealing option.",
keywords = "Insolvency regulation, Insolvency, Cross-border insolvency",
author = "Oriana Casasola",
year = "2019",
month = "7",
day = "31",
doi = "10.1002/iir.1343",
language = "English",
volume = "28",
pages = "163--183",
journal = "International Insolvency Review",
issn = "1180-0518",
publisher = "John Wiley and Sons Ltd",
number = "2",

}

The transaction avoidance regime in the recast European insolvency regulation : Limits and prospects. / Casasola, Oriana.

In: International Insolvency Review, Vol. 28, No. 2, 31.07.2019, p. 163-183.

Research output: Contribution to journalArticle

TY - JOUR

T1 - The transaction avoidance regime in the recast European insolvency regulation

T2 - Limits and prospects

AU - Casasola, Oriana

PY - 2019/7/31

Y1 - 2019/7/31

N2 - In the last decade, transaction avoidance in insolvency law has been in the limelight of the academic discussions. In particular, the scholarship has highlighted how the European Insolvency Regulation gives rise to several private international law issues. Moreover, the scholarship has explored solutions to these issues and proposed to harmonise the regime of transaction avoidance at European Union level. However, the recent legislative developments on the cross‐border insolvency law seem resistant to the proposed harmonisation. This article focuses on the transaction avoidance regime in the Recast European Insolvency Regulation. In particular, it seeks to evaluate whether the Recast has solved the issues arising within the original European Insolvency Regulation in relation to transaction avoidance. Secondly, it questions the suitability of the private international law approach to transaction avoidance in cross‐border insolvency within the European Union framework. The research suggests that the efforts required to the private international law framework to deal efficiently with transaction avoidance make the harmonisation of the regime of transaction avoidance at the European Union level a more appealing option.

AB - In the last decade, transaction avoidance in insolvency law has been in the limelight of the academic discussions. In particular, the scholarship has highlighted how the European Insolvency Regulation gives rise to several private international law issues. Moreover, the scholarship has explored solutions to these issues and proposed to harmonise the regime of transaction avoidance at European Union level. However, the recent legislative developments on the cross‐border insolvency law seem resistant to the proposed harmonisation. This article focuses on the transaction avoidance regime in the Recast European Insolvency Regulation. In particular, it seeks to evaluate whether the Recast has solved the issues arising within the original European Insolvency Regulation in relation to transaction avoidance. Secondly, it questions the suitability of the private international law approach to transaction avoidance in cross‐border insolvency within the European Union framework. The research suggests that the efforts required to the private international law framework to deal efficiently with transaction avoidance make the harmonisation of the regime of transaction avoidance at the European Union level a more appealing option.

KW - Insolvency regulation

KW - Insolvency

KW - Cross-border insolvency

UR - http://www.scopus.com/inward/record.url?scp=85070084142&partnerID=8YFLogxK

U2 - 10.1002/iir.1343

DO - 10.1002/iir.1343

M3 - Article

VL - 28

SP - 163

EP - 183

JO - International Insolvency Review

JF - International Insolvency Review

SN - 1180-0518

IS - 2

ER -