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UNCITRAL Model Law on Cross-Border Insolvency
 Biolek, Vít ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
This work focuses on cross-border insolvencies, namely on the UNCITRAL Model Law dealing with cross-border insolvency. It analyses the structure of the Model Law and its various institutes while taking into account the relevant jurisdiction. The cooperation and coordination process between the courts and insolvency administrators is seen as a particularly promising area. Emphasis is placed on the relationship between the Model Law and European Law, in particular on the Regulation No. 1346/2000 and No. 2015/848. The Model Law and both Regulations are compared based on the comparison of individual institutions by analysing their conceptual and substantive differences and by outlining different functions in practice. The limits of national legislation are demonstrated by comparing the laws of the states which have not adopted the Model Law (Czech Republic, Germany, France and China), with the opportunities offered by the Model Law. The Czech and Ukrainian Laws of the international insolvency de lege lata are compared with the hypothetical status that would have arisen when the Model Law is applied in both countries, including practical examples. Also the current trends related to the cross-border insolvency law are outlined, as significant expansion of cross-border insolvency agreements is expected.
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See also: similar author names
4 Biolek, Vladimír
4 Biolek, Vojtěch
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