D 2007

New Developmental Trends in the European Insolvency Law

SCHELLEOVÁ, Ilona

Základní údaje

Originální název

New Developmental Trends in the European Insolvency Law

Název česky

Nové vývojové trendy v evropském insolvenčním právu

Název anglicky

New Developmental Trends in the European Insolvency Law

Vydání

1. vyd. Ostrava, Právní a ekonomické problémy současnosti IV. od s. 47-55, 8 s. 2007

Nakladatel

KEY Publishing

Další údaje

Jazyk

čeština

Typ výsledku

Stať ve sborníku

Obor

50500 5.5 Law

Stát vydavatele

Česká republika

Utajení

není předmětem státního či obchodního tajemství

Označené pro přenos do RIV

Ne

Organizační jednotka

Právnická fakulta

ISBN

978-80-87071-58-8

Klíčová slova anglicky

European Insolvency Law

Příznaky

Recenzováno
Změněno: 6. 5. 2011 05:55, Mgr. Marie Zejdová

Anotace

V originále

The continuing European economic and political integration, which actually began at the end of the twentieth century and became more intense at the beginning of the twenty first century, significantly influences the economic independence of individual EU Member States. These states support a greater openness of their economic system. The sky rocketing cross border business activities are at the same time becoming more and more complicated. This is undoubtedly supported by the four basic European principles of freedom the freedom of movement for goods, people, services and methods of funding the nonexistence of which would mean limitation of the development. This development also results in an increased number of debtors who have property abroad either for diversification of the risk of loss of own values or for their own profit growth. This usually means certain barriers for the creditors, who would like to achieve full satisfaction of their rights from the debtors. The debtor may, especially in the case of his insolvency, try to hide his property from the creditors by transferring it to a foreign country that does not legally recognize insolvency proceeding abroad. On this account, the aim of the international and European legal regulation of insolvency is to react to these situations by ensuring that no debtor s property remains unaffected by his insolvency, regardless of debtor s country of origin or his place of residence, as this is the only efficient and proper way of dealing with the cases of insolvency.

Anglicky

The continuing European economic and political integration, which actually began at the end of the twentieth century and became more intense at the beginning of the twenty first century, significantly influences the economic independence of individual EU Member States. These states support a greater openness of their economic system. The sky rocketing cross border business activities are at the same time becoming more and more complicated. This is undoubtedly supported by the four basic European principles of freedom the freedom of movement for goods, people, services and methods of funding the non existence of which would mean limitation of the development. This development also results in an increased number of debtors who have property abroad either for diversification of the risk of loss of own values or for their own profit growth. This usually means certain barriers for the creditors, who would like to achieve full satisfaction of their rights from the debtors. The debtor may, especially in the case of his insolvency, try to hide his property from the creditors by transferring it to a foreign country that does not legally recognize insolvency proceeding abroad. On this account, the aim of the international and European legal regulation of insolvency is to react to these situations by ensuring that no debtor s property remains unaffected by his insolvency, regardless of debtors country of origin or his place of residence, as this is the only efficient and proper way of dealing with the cases of insolvency.