INTERNATIONAL INSOLVENCY LAW

Core Module (10 ECTS)

Description

This module introduces the students to basic concepts of Cross-Border Insolvency Law, with particular focus on the provisions of EU Regulation 2015/848 and the UNCITRAL rules on cross-border insolvency. 

Objectives

Upon completion of the course, the students will be able to:

• appreciate the added value of regulation of cross-border insolvency
• be familiar with basic legal issues arising in the context of cross-border insolvency proceedings, and
• become acquainted with the regulation of cross-border insolvency at both the EU and at the international level.

Contents

This module’s aim is to cover the many and various problems that are presented in a case of an insolvency opened in one country, concerning though assets and creditors of the insolvent natural person or company, in more countries. Among the issues that will be handled, are the following:

The history of Bankruptcy/Insolvency Law of more countries; the principles followed by the countries’ insolvency laws, e.g. universalism, territorialism, modified universalism; the legal transplants in insolvency law between countries; the European Insolvency Regulations; the UNCITRAL Model Law 1997; the protocols, as methods of dealing with international insolvencies; the insolvency in the frame of multinational corporate groups; preventative restructuring as aim of the contemporary [international] insolvency law.

Academic Requirements

Participants are required to have at least some basic previous knowledge of Insolvency  Law.

Teaching method

The course will run under both seminar and workshop format. Students are expected to write a paper and make a presentation based on the paper.

Lecturers

The course is taught by Professor Elina Moustaira.

Assessment and testing

• Written exam - 2 hours (50%)
• Paper assignment (25%)
• Active Participation at the discussions (25%)