All Outputs (6)

Harmonisation and European Integration in Times of Crisis (2024)
Book Chapter
Ghio, E. (2024). Harmonisation and European Integration in Times of Crisis. In E. Ghio, & R. Perlingeiro (Eds.), Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises (255-276). Cham: Springer. https://doi.org/10.1007/978-3-031-38180

Globalisation, generally, and European integration, more specifically, have led to calls for the minimisation of legal diversity which can result in transaction costs and the lack of level-playing field for cross-border actors. One of the prevailing... Read More about Harmonisation and European Integration in Times of Crisis.

Introduction: Convergence and Divergence in Times of Crisis (2024)
Book Chapter
Ghio, E. (2024). Introduction: Convergence and Divergence in Times of Crisis. In E. Ghio, & R. Perlingeiro (Eds.), Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises (1-11). Cham: Springer. https://doi.org/10.1007/978-3-031-38180-

While legal harmonisation/convergence is considered to be one of the most influential theses in the discipline of law, the law of harmonisation is full of paradoxes. On the one hand, legal borrowing is commonplace, leading to a phenomenon of converge... Read More about Introduction: Convergence and Divergence in Times of Crisis.

Terminology (2024)
Book Chapter
Ghio, E. (2024). Terminology. In E. Ghio, & R. Perlingeiro (Eds.), Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises (15-25). Cham: Springer. https://doi.org/10.1007/978-3-031-38180-5_2

This chapter presents the background and framework of the book. It defines key terms, concepts and phenomena relating to the discussions in this volume, such as crisis, globalisation, integration, disintegration, harmonisation, convergence and legal... Read More about Terminology.

Executory contracts in insolvency: The French perspective (2023)
Book Chapter
Ghio, E. (2023). Executory contracts in insolvency: The French perspective. In J. Chuah, & E. Vaccari (Eds.), Executory Contracts in Insolvency Law (311-328). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781803923420.00028

In France, executory contracts are mostly dealt with in Articles L622-13 and L641-11-1 of the Commercial Code. Insolvency proceedings do not automatically terminate executory contracts and the Code requires the counterparty to perform their obligatio... Read More about Executory contracts in insolvency: The French perspective.

National Report for France (2019)
Book Chapter
Ghio, E. (2019). National Report for France. In J. Chuah, & E. Vaccari (Eds.), Executory Contracts in Insolvency Law: A Global Guide (226-247). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781788115520.00018

In France, companies encountering financial difficulties are offered two paths to deal with their distress: liquidation or restructuring. The French insolvency test is a pure cash flow test, i.e., a company is declared insolvent (‘en état de cessatio... Read More about National Report for France.

Time to Renew the Debate on Cross-Border Insolvency Law: Out with Theoretical Ideals, In With Pragmatism (2017)
Book Chapter
Ghio, E. (2017). Time to Renew the Debate on Cross-Border Insolvency Law: Out with Theoretical Ideals, In With Pragmatism. In Harmonisation of European Insolvency Law: Papers from the INSOL Europe Academic Forum Annual Conference, Cascais, Portugal, 21-2

Over the last couple of decades, academics have vigorously debated which approach to cross-border insolvency is best. The debate usually centers on questions of predictability, certainty, national sovereignty, fairness and efficiency. In this academi... Read More about Time to Renew the Debate on Cross-Border Insolvency Law: Out with Theoretical Ideals, In With Pragmatism.