Theoretical and practical aspects on insolvency litigation with cross-borders elements in the Republic of Moldova and other countries
Jun 7, 2018 By Popa & Associates
Insolvency with cross-border elements is an increasingly stringent topic against the background of trade relations globalization. The free movement of people and goods all over the world and the economic activities carried out on the territory of many countries result in plenty of legal relationships that emerge within these international relations.
Cross-border insolvency – within theories, international and national regulations
Insolvency is governed by two theories – the theory of universality and the theory of plurality and territoriality. This study focuses on both theories, in terms of their influence on further regulation of insolvency internationally.
Other aspects relevant to insolvency litigation settlement approached in the study refer to:
• Cross-border insolvency regulation in the Republic of Moldova
• The international experience in cross-border insolvency and the normative acts which govern this concept
• UNCITRAL Model Law on insolvency and its goals
• Approaching the concept of insolvency in different legal systems
• Problems and drawbacks related to establishing the jurisdiction and the applicable legislation
The study proposes lex ferenda, intended to facilitate establishing the jurisdiction and the applicable legislation and the procedure required to be followed.
In order to find out details of cross-border insolvency and the author’s proposals de lex ferenda, read the following study:Theoretical and practical aspects on insolvency litigation with cross-borders elements in the Republic of Moldova and other countries