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유럽도산법의 정비와 현행 채무자회생법상국제도산재판관할규정의 운영 및 개선 방안

Author
김용진
Journal Title
저스티스
Publication Year
2019
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Summary

This paper proposes improvements to the international insolvency jurisdiction provisions of the current Debtor Rehabilitation and Bankruptcy Act through a comparative analysis of European Insolvency Law and the UNCITRAL Model Law. It argues that the Debtor Rehabilitation and Bankruptcy Act distinguishes between main and secondary insolvency proceedings and should recognize COMI to reflect the specific characteristics of international insolvency jurisdiction. It also suggests interpreting the property jurisdiction as a jurisdiction rule for secondary insolvency proceedings and establishing explicit provisions for the initiation of secondary insolvency proceedings.

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