The Harmonisation of Transaction Avoidance in the EU

This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations. Combining a private international law approach with substantive rules of transaction avoidance to improve the EU insolvency system, Oriana Casasola examines the theoretical framework of transaction avoidance and harmonisation. Comparing the avoidance actions available within and outside of the insolvency proceedings in England, Germany and Italy, chapters propose an alternative harmonisation of the transaction avoidance rules which fits within the current EU private international law framework. The book concludes by addressing the European Commission’s Directive for the harmonisation of certain aspects of insolvency law and evaluates the possible issues emerging from the proposed rules. Offering solutions for harmonisation of existing transaction avoidance regimes, this book will be essential reading for students and scholars of company and insolvency law, corporate law and governance, and EU law. It will also be beneficial for legal practitioners and policymakers interested in international insolvency law.

Table of Contents:
Contents: 1. Introduction to the Harmonisation of Transaction Avoidance in the EU 2. Definitions and Theoretical Framework of Transaction Avoidance and Harmonisation 3. The European Union Approach to Cross-Border Insolvency and Avoidance Actions: Issues within the Current Framework 4. A Comparative Analysis of Insolvency Transaction Avoidance of England, Germany and Italy 5. A Comparative Analysis of Private Law Transaction Avoidance Claims of England, Germany and Italy 6. The Harmonisation of Transaction Avoidance Addendum: the proposal for a directive of the European parliament and of the council harmonising certain aspects of insolvency law Index

About the Author :
Oriana Casasola, Lecturer in Commercial, Corporate and Banking Law, School of Law, University of Leeds, UK

Review :
‘This is a clear and insightful discussion of transaction avoidance provisions in insolvencies. There is a detailed comparative analysis of avoidance laws in three major European jurisdictions, as well as a suggested original approach that might be adopted to most effectively address transaction avoidance in the EU, stopping short of full harmonisation.’ ‘Rules on the avoidance of transactional avoidance are critical in any insolvency law system. Dr Casasola has produced a carefully researched and timely work which will be of much value to anyone considering transactional avoidance in the European Union. The book is made even more timely by the European Commission’s proposals for a Directive that will include the harmonisation of transaction avoidance provisions. The book helpfully examines these proposals.’ ‘A fascinating study of transaction avoidance law within the context of insolvency in Europe. Examines in detail English, German and Italian law and points to differences and similarities in the respective legal systems. Critically considers the backdrop to recent EU harmonisation endeavours in the field and addresses how these efforts may end up multiplying rather than eliminating differences. Fully referenced and thorough in its treatment of sources.’