Cross-Border Insolvency Proceedings And Security Rights A Comparison Of Dutch And German Law, The Ec Insolvency Regulation And The Uncitral Model Law On Cross-Border Insolvency

This study discusses the position of secured creditors in cross-border insolvency proceedings. The book contains a comparative analysis of, inter alia, the cross-border effects of insolvency proceedings and the enforcement of security rights. The author argues for the introduction of a set of rules that, in accordance with the UNCITRAL Model Law on Cross-Border Insolvency, subject the recognition of insolvency proceedings commenced outside the EU to judicial review. Also the far-reaching, yet simple and clear, rule of Article 5 of the EC Insolvency Regulation should be adopted in Dutch customary private international law. Regardless of the jurisdictions involved, the opening of insolvency proceedings will not affect security rights on assets situated in other States.