The Role of Fraudulent Transfer Rules in Corporate Insolvency

Risultato della ricerca: Articlepeer review

Abstract

"The article is based on a lecture given by the author in Paris on the 12.October 2007 in the context of a Symposium devoted to corporate insolvency law.It deals with the role of fraudulent transfer rules in company law. Theresearch is carried out on the field of comparative and European law. Ittherefore starts from a stipulative definition of [UTF-8?]“fraudulent transfer [UTF-8?]rules†which excludes preferences (even if they belong to the matter, in some legalsystems) but includes the regulations aimed at subordinating [UTF-8?]shareholders’loans. The paper demonstrates that the different [UTF-8?]“fraudulent transfer [UTF-8?]rules†adopted by principal EU Member States converge in many points. It alsodemonstrates that: 1) such a regulation is aimed at balancing the everincreasing tendency to deregulate company law and eliminate specific duties toraise and maintain the legal capital and 2) this set of rules ought become moreobjective and [UTF-8?]– in line with the evolution of the fraud [UTF-8?]– should adopt asrequisite for the action the demonstration that the transfer is [UTF-8?]“unreasonable†,as it was laid down by article 2501-sexies of the Italian Civil code for aspecific case of leveraged buy out."
Lingua originaleUndefined/Unknown
pagine (da-a)135-147
Numero di pagine13
RivistaEuropean Company and Financial Law Review
Volume5
Stato di pubblicazionePublished - 2008

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