European Cross-border Insolvency Law (5cr)

Evaluation scale

H-5

Objective

The course provides the students an overall look into the regulation of cross-border bankruptcy in Europe.

Accomplishment methods

The course will be held as a "book club". During each meeting, we will discuss roughly one third of the book and any themes within the section. Participants should read the first hundred pages before the first meeting, the second hundred pages before the second meeting, and the rest of the book before third meeting. The teacher will prepare practice cases for each of the meetings. The meetings last for two hours each. All students are then required to write an essay, minimum 12 pages, on a topic of their choice from within the book.

Content

Upon completion of the course, the students will:
- recognize the key difficulties of enforcement of foreign judgements.
- be familiar with cross-border bankruptcy regulation in the EU.
- know how collective insolvency proceedings are performed when the debtor has connections to more than one member state.
- know the primary and secondary bankruptcy proceedings in cross-border bankruptcy.
- be familiar with regulation regarding actio pauliana and other auxiliary matters in a cross-border bankruptcy.
- know the powers and duties of court appointed insolvency practitioner in cross-border bankruptcy.
The course does not include civil law view on obligations and debt. The course only addresses civil and commercial matters as laid out in regulation 1215/2012. Tort claims and their enforcement is not addressed. Administrative matters are also excluded.

Materials

Literature:

Bork, Reinhard: European Cross-Border Insolvency Law. Oxford University press 2016. ISBN: 9780198729099