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2020-07-doc4 Making sense of business failure

During the last decade, in Dutch Law Schools, in the field of private law (including corporate and insolvency law), gradually an emphasis has been placed on empirical legal studies. Traditionally, the nature of the study of law is rather descriptive (what is the law?) and normative (what should it be?). Empirical legal science mainly concerns the consequences of the application… Read More »2020-07-doc4 Making sense of business failure

2020-06-doc5 Asian Principles of Business Restructuring.

A major achievement in Asia in the first half year of 2020 was the publication of the Asian Principles of Business Restructuring. It is the result of a study undertaken by the Asian Business Law Institute (ABLI) and the International Insolvency Institute (III), and I have been reviewing closely its development as a member of its Advisory Committee. With this… Read More »2020-06-doc5 Asian Principles of Business Restructuring.

20220-06-doc2 Publication of book on Rescue of Business in Europe

Oxford University Press has published the edited volume based on the European Law Institute’s (ELI) project ‘Rescue of Business in Insolvency Law’. The project ran from 2013 to 2017 under the auspices of the ELI. It was conducted by professor Bob Wessels (emeritus University of Leiden) and professor Stephan Madaus (Martin Luther University of Halle-Wittenberg). They were assisted by Gert-Jan… Read More »20220-06-doc2 Publication of book on Rescue of Business in Europe

2020-05-doc5 Private law issues re cryptocurrency and custodians

Digital financial assets, more particularly cryptocurrency, may serve fast, cheap, easy to use and global payments. They also represent regulatory concerns and financial stability implications. A robust (but costly) supervisory system needs to be put in place. Such a system may however play a defensive game. A segment in this area is depositing cryptocurrency with cryptocustodians, such as crypto-exchanges. From… Read More »2020-05-doc5 Private law issues re cryptocurrency and custodians

2020-05-doc3 Brexit and the financial industry

Brexit has been overshadowed by the COVID-19 monster, but it is still a reality. In the book ‘Brexit and financial regulation’ a practical guidance is provided on the complexities of Brexit as it applies to financial institutions. It presents a detailed account of the myriad of laws, regulations and institutional opinions, such as those from the European Banking Authority and… Read More »2020-05-doc3 Brexit and the financial industry

2020-04-doc8 2020 Yearbook Insolvency and Restructuring in Germany

For the 11th time Schultze & Braun (GmbH Rechtsanwaltgesellschaft) published its Yearbook Insolvency and Restructuring in Germany, now edition 2020. The Yearbook does not cover a general theme, rather contains a potpourri of substantial and statistic subject, legislative texts (the German Insolvency Act and the Regulation recast) and a glossary of legal terms with translations in various languages. Also matters… Read More »2020-04-doc8 2020 Yearbook Insolvency and Restructuring in Germany

2020-04-doc3 Improving the EU Insolvency Regulation (Recast)

Early this year the book Recasting the Insolvency Regulation – Improvements and Missed Opportunities was published. Its editors are Vesna Lazić (T.M.C. Asser Institute; University of Utrecht) and Steven Stuij (Erasmus School of Law). The book contains five contributions, covering 130 pages, and is published by Asser Press as number 3 in a Short Studies in Private International Law Series.… Read More »2020-04-doc3 Improving the EU Insolvency Regulation (Recast)

2020-01-doc3 Consumer insolvency in Europe

For over three decades individual EU Member States have adopted specific insolvency regimes regarding natural persons, sometimes also termed ‘consumers’, ‘non-merchants’, ‘non-traders’ or ‘natural persons who are not entrepreneurs’, see Article 2(h) Restructuring Directive 2019/1023. In 1998, the Netherlands adopted as one of the last in the European Community (at that time) their debt rescheduling regime. In the second decade… Read More »2020-01-doc3 Consumer insolvency in Europe

2019-12-doc1 Compendium Financieel Recht

Het onlangs verschenen boek Compendium Financieel Recht beoogt een handleiding te zijn bij de eerste bestudering van het financiële toezichtsrecht. De redacteuren zijn alle drie hoogleraar Financieel recht, verbonden aan de Universiteit van Leiden. Dit compendium, waarvan de tekst in juli 2019 is afgesloten, is opgezet als eerste kennismaking. Het is geschreven voor studenten die dit vak volgen – dat… Read More »2019-12-doc1 Compendium Financieel Recht