Abstract

Abstract This chapter outlines the uniform rules of choice of law which are applicable to all proceedings governed by the original EC/EU Regulation on Insolvency Proceedings. It emphasizes Articles 4–15, which contain these rules. The uniform rules indicate, as between various Member States and also in relation to third states whose laws may potentially be applicable in a given situation, which state’s law shall govern. In most cases, the rules contemplate a choice only between the laws of different Member States. Article 4 expresses the basic principle of lex concursus which states that the law of the Member State in which proceedings are opened is to be applied, and shall determine their effects. The Article also states thirteen particular matters which these laws govern. The chapter concludes with a summary of particular changes once the RR comes into effect.

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