Abstract
The purpose of this article is to analyze cross-border insolvency as an example of transnational law, in the sense of law developed by economic and social actors and despite the existence of formal regulation. This informal law-making process is analyzed in the context of the now extinct Section 304 of the U.S. Bankruptcy Code; of the cooperation protocols entered into courts in different countries following the Maxwell precedent; and of the rules provided for in the UNCITRAL Model Law on Cross-Border Insolvency and in the EU Regulation on Insolvency Proceedings.
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