The General Concept of Concurrence Applied to European Insolvency Law

B.P.A. Santen & D.H. van Offeren (Eds.), Perspectives on international insolvency law, Deventer: Kluwer 2014

24 Pages Posted: 30 Apr 2014 Last revised: 6 May 2015

See all articles by Alex Geert Castermans

Alex Geert Castermans

Leiden University - Leiden Law School

Ruben de Graaff

Leiden University, Leiden Law School, Students

Date Written: April 14, 2014

Abstract

In the current multilevel legal order, private relationships are governed by rules rooted in different international, European and national regimes. Where these rules lead to conflicts, important questions arise. May they be applied simultaneously, or should one of the regimes be excluded in favor of the other? And if the latter is the case, who should make that choice: the claimant or the court?

To solve these questions, a method of interpretation is needed, crafted with private relationships in mind. This contribution seeks to uncover such a method within the area of European insolvency law, where issues of concurrence arise as the result of the division of companies and as a result of private international law.

Note: The contribution has been published in the Liber Amicorum for Prof. Bob Wessels (international insolvency law, Leiden Law School).

Keywords: insolvency, insolvency law, European insolvency law, International insolvency law, private international law, private law, concurrence, interpretation, method of interpretation, division, division of companies, directive, multilevel legal order, actio pauliana, creditor, liquidator, Bob Wessels

Suggested Citation

Castermans, Alex Geert and de Graaff, Ruben, The General Concept of Concurrence Applied to European Insolvency Law (April 14, 2014). B.P.A. Santen & D.H. van Offeren (Eds.), Perspectives on international insolvency law, Deventer: Kluwer 2014, Available at SSRN: https://ssrn.com/abstract=2431114

Alex Geert Castermans

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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