Transnational Insolvency: Beyond State Regulation and Towards Cooperation Agreements

16 Pages Posted: 29 Sep 2011 Last revised: 12 Oct 2011

See all articles by Francisco Satiro

Francisco Satiro

University of São Paulo (USP) - Commercial Law

Paulo Fernando Campana Filho

University of Sao Paulo - Faculty of Law (FD)

Date Written: June 6, 2011

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.

Keywords: transnational law, international bankruptcy, cross-border insolvency, UNCITRAL

JEL Classification: K22

Suggested Citation

Satiro, Francisco and Campana Filho, Paulo Fernando, Transnational Insolvency: Beyond State Regulation and Towards Cooperation Agreements (June 6, 2011). Available at SSRN: https://ssrn.com/abstract=1858968 or http://dx.doi.org/10.2139/ssrn.1858968

Francisco Satiro (Contact Author)

University of São Paulo (USP) - Commercial Law ( email )

São Paulo
Brazil

HOME PAGE: http://www.direito.usp.br

Paulo Fernando Campana Filho

University of Sao Paulo - Faculty of Law (FD) ( email )

Largo São Francisco, 95 Prédio Anexo
São Paulo, São Paulo 01005-010
Brazil

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