News overview

Recognition of research performed by TRI Leiden

Recently professor Reinhard Bork (Hamburg), published his book Principles of Cross-Border Insolvency Law (Intersentia, 2017, ISBN 978-1-78068-430-7)). The thesis of the book is rather novel, in that it analyses cross-border insolvency rules of all kinds (e.g. European Insolvency Regulation, UNCITRAL Model Law, etc) that are founded on, and can be traced back to, basic values.

Three types of principles

Several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication, subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtor’s assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)).

TRI Leiden Research

It is interesting to note that in his analysis several products of the TRI research group play a prominent role, such as the EU Cross-Border Insolvency Court to Court Cooperation Principles and Communication Guidelines, the book of Bob Wessels and Gert-Jan Boon on Cross-Border Insolvency Law – Instruments and Commentary of 2015 and the remark regarding (insolvency) protocols: ‘Plenty of material is available on the matter’, with a reference to www.tri-leiden.eu.

TRI Leiden is proud to have its work recognised in this principled-based evaluation of existing legal frameworks.

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