Abstrakt
The chapter deals with the question of determination of applicable law in international insolvency cases pursuant to the Insolvency Regulation Recast. The main rule for determining the applicable law in international insolvency proceedings is contained in Article 7 of Insolvency Regulation Recast.
Under Article 7 a law applicable to insolvency proceedings and their effects is the law of the Member State within whose territory such insolvency proceedings were commenced (lex fori concursus). The lex fori concursus determines the effects of insolvency proceedings, both substantive and procedural.
Articles 8 to 18 of the Insolvency Regulation Recast set out exceptions to this rule by modifying the lex fori concursus rule. Pursuant to these exceptions other law than the lex fori concursus shall apply to questions such as third parties' rights in rem, mutual claims set off, reservation of title or contracts of employment.