Enriques, Luca, Gelter, Martin. 2006. Regulatory Competition in European Company Law and Creditor Protection. European Business Organization Law Review 7 (1): 417-453.
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Abstract
The European framework for creditor protection has undergone a remarkable transformation in recent years. While the ECJs Centros case and its progeny have introduced free choice with respect to the State of incorporation, and hence the substantive company law regime, the European Insolvency Regulation has implemented uniform conflict of laws rules for insolvencies. However, this regime has opened up some forum shopping opportunities. This article analyzes possible consequences of regulatory competition and forum shopping for creditors and argues that the insolvencification of corporate law creditor protection mechanisms will not enable national policymakers to impose their respective ideas about creditor protection on firms in a fully-fledged manner.
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Status of publication | Published |
---|---|
Affiliation | WU |
Type of publication | Journal article |
Journal | European Business Organization Law Review |
Citation Index | SSCI |
Language | German |
Title | Regulatory Competition in European Company Law and Creditor Protection |
Volume | 7 |
Number | 1 |
Year | 2006 |
Page from | 417 |
Page to | 453 |
Reviewed? | N |
URL | http://dx.doi.org/10.1017/S1566752906004174 |
Associations
- Projects
- Regulatory Competition in European Company Law
- People
- Gelter, Martin (Former researcher)
- External
- Enriques, Luca (Università di Bologna, Italy)
- Organization
- Civil Law and Civil Procedure Group V (Civil, Business and Insolvency Law) AB (Details)
- Research areas (ÖSTAT Classification 'Statistik Austria')
- 5112 European law (Details)
- 5208 Company law (Details)
- 5212 International civil law (Details)
- 5238 Civil procedure law (Details)
- 5300 Economics (Details)