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Golden Gate University School of Law

2010

Bankruptcy Law

Annual Survey of International & Comparative Law

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Full-Text Articles in Law

Ukrainian Bankruptcy Law In The Context Of Regional And International Developments, Alexander Biryukov Aug 2010

Ukrainian Bankruptcy Law In The Context Of Regional And International Developments, Alexander Biryukov

Annual Survey of International & Comparative Law

During the period of Soviet rule there was no need for private law remedies to regulate economic relations, particular in the area of bankruptcy. After the Soviet Union's collapse, former republics and newly independent states started developing market-oriented laws to support democratization process. Due to Ukraine's lack of any bankruptcy legislation during the last century, 1992 marked the starting point of bankruptcy law formation in the country. The formation of bankruptcy laws in Ukraine and other countries in the region may be traced to two stages of development: "first wave" laws passed in 1990 through 1993, and "second wave" laws …


An Overview Of Insolvency Proceedings In Asia, Leslie A. Burton Aug 2010

An Overview Of Insolvency Proceedings In Asia, Leslie A. Burton

Annual Survey of International & Comparative Law

This paper gives an overview of current bankruptcy (insolvency) proceedings in Asia. It will explain the existing laws, which are generally old and too outmoded to resolve modem cross-border debtor/creditor disputes. It will explore cultural attitudes which have both inhibited use of the existing laws and prevented meaningful changes to them. It will discuss how the changing structure of the market makes bankruptcy proceedings more common today than in the past, and appears to be leading many countries to revamp their bankruptcy laws. This paper will focus on the bankruptcy laws of eight Asian countries: Hong Kong, China, Taiwan, Indonesia, …


Toward An International Bankruptcy Policy In Europe: Four Decades In Search Of A Treaty, Leslie A. Burton Aug 2010

Toward An International Bankruptcy Policy In Europe: Four Decades In Search Of A Treaty, Leslie A. Burton

Annual Survey of International & Comparative Law

As multinational trade has increased, so has the need for crossborder insolvency agreements. For forty years, the European Community and European Union have attempted to agree on cross-border insolvency procedures. The author explores the history of these efforts, the policy issues which have made agreement difficult, and the demise of the EUs best hope for a cross-border insolvency agreement: the failed 1995 Convention. Finally, she compares past and current proposals, and explains why they are inferior solutions to the failed Convention.