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All Outputs (35)

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/10.1007/978-3-031-38180-5_14

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.

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.

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/10.1007/978-3-031-38180-5_1

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.

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

This edited volume investigates legal convergence. It takes an international and thematical approach where chapters focus on how selected legal areas in selected jurisdictions have responded to contemporary crises. The volume aims to provide some ins... Read More about Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises.

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.

Why are directors afraid of help? (2022)
Journal Article
Ghio, E., & Thomson, D. (in press). Why are directors afraid of help?. Chicago-Kent Law Review,

Corporate insolvency laws and procedures have changed significantly over the last decades in the UK, especially since the publication of the Cork Report in 1982. The report noted the limitations of existing procedures towards the rescue of companies... Read More about Why are directors afraid of help?.

Redefining Harmonisation. Lessons from EU Insolvency Law (2022)
Book
Ghio, E. (2022). Redefining Harmonisation. Lessons from EU Insolvency Law. Edward Elgar Publishing. https://doi.org/10.4337/9781789903836

Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Of... Read More about Redefining Harmonisation. Lessons from EU Insolvency Law.

The EU Preventive Restructuring Framework: in Extra Time? (2022)
Journal Article
Gant, J. L., Boon, G., Ehmke, D. C., Ghio, E., Langkjaer, L., Vaccari, E., & Omar, P. J. (2022). The EU Preventive Restructuring Framework: in Extra Time?. Jogászvilág, 1(2),

In 2019, the EU adopted the Preventive Restructuring Directive to introduce harmonisation enabling viable enterprises and entrepreneurs that are in financial difficulties to have access to effective national preventive restructuring frameworks so tha... Read More about The EU Preventive Restructuring Framework: in Extra Time?.

Harmonising insolvency law in the EU: New thoughts on old ideas in the wake of the COVID-19 pandemic (2021)
Journal Article
Ghio, E., Boon, G., Ehmke, D., Gant, J., Langkjaer, L., & Vaccari, E. (2021). Harmonising insolvency law in the EU: New thoughts on old ideas in the wake of the COVID-19 pandemic. International Insolvency Review, 30(3), 427-459. https://doi.org/10.1002/iir.1432

While the harmonisation of insolvency law in the European Union (EU) has been a top priority on the European institutions’ agenda in the last decade, it is well known that this endeavour has been slow and has often met resistance from the Member Stat... Read More about Harmonising insolvency law in the EU: New thoughts on old ideas in the wake of the COVID-19 pandemic.

New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions (2021)
Journal Article
Ghio, E., & Perlingeiro, R. (2021). New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions. Juris Poiesis, 24(35), 383-385

This issue of the Juris Poesis Journal features extended abstracts of papers which have been presented at the roundtable entitled ‘New Challenges for Transnational Civil and Commercial Law in the Wake of the COVID-19 Pandemic’, hosted by the Law and... Read More about New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions.

Transposing the preventive restructuring directive 2019 into French insolvency law: Rethinking the role of the judge and rebalancing creditors' rights (2020)
Journal Article
Ghio, E. (2021). Transposing the preventive restructuring directive 2019 into French insolvency law: Rethinking the role of the judge and rebalancing creditors' rights. International Insolvency Review, 30(1), 54-74. https://doi.org/10.1002/iir.1401

In June 2019, the European Union adopted the Directive on Preventive Restructuring Frameworks. The objective of the Directive is to introduce a level-playing field across all Member States in the area of pre-insolvency restructuring. Member States ha... Read More about Transposing the preventive restructuring directive 2019 into French insolvency law: Rethinking the role of the judge and rebalancing creditors' rights.

Theory and Practice of General Principles of International Legal Cooperation: A Thematical and Comparative Approach (2020)
Book
Perlingeiro, R., & Ghio, E. (Eds.). (2020). Theory and Practice of General Principles of International Legal Cooperation: A Thematical and Comparative Approach. Niterói, RJ: Nupej

This publication features extended abstracts of papers which were presented at the roundtable on International Legal Cooperation at the Law and Society Association conference in Denver, from 28 to 31 May 2020. The roundtable was organized by Professo... Read More about Theory and Practice of General Principles of International Legal Cooperation: A Thematical and Comparative Approach.

International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency (2020)
Journal Article
Ghio, E. (2020). International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency. Juris Poiesis, 23(32), 576-581. https://doi.org/10.5935/2448-0517.20200026

This project assesses how harmonisation can be promoted and achieved in the EU without a completely uniform legal system in place. The project focuses on international legal cooperation as a means to promote harmonisation throughout the EU. It uses t... Read More about International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency.