Applicable law under the recast of regulation on insolvency proceedings

Abstract

The author in the article entitled “Applicable law under the recast of regulation on insolvency proceedings” analyses selected issues relating to the applicable law under the Regulation (EU) 2015/848 of the European parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) in the field of third parties´ rights in rem, set-off, reservation of title, contracts relating to immoveable property, payment systems and financial markets, contracts of employment, rights which are subject of registration, industrial rights, detrimental acts and effects of insolvency proceedings on pending lawsuits or arbitral proceedings. The author also refers to the related decisions of Court of Justice of the European Union and problems which occurred in the application practice. The aim of the article is to analyse the issue of applicable law under the recast of the regulation of insolvency proceedings relating to cross-border insolvency proceedings in member states of the European Union.