Recognition of Cross Border Insolvencies in the European Union
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Existing level of integration entails also single regulation of cross border insolvency issues. Nowadays the EU has accomplished very thorough regulation of cross border insolvency thought all of the Member States. In the thesis was analyzied automatic recognition regime, recognition of main insolvency and insolvency related judgements, and also the effects of recognition. The attention in the thesis is focused on the problem of coordinating cross border insolvency proceedings with non member states (the field where the EU lacks of single regulation). The author also analized the problems of (1) applying foreing procedural law given the fact that lex fori concursus combines substansive and procedural law as well; (2) the impact of opened insolvency proceeding on arbitral clause and (3) possible ways to resolve a conflict between models of insolvency practitioners in Member States' national legislation.