Supervision and liability of insolvency practitioners in EU and national law

A.F. Conceicao*, C. Frade, L. Benedetti, M. Masnicka, R. Hollemans, R. Jesus

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

Insolvency practitioners are key actors in corporate restructuring and insolvency proceedings, balancing demands for justice with economic efficiency and protection of individual economic interests.IPs performance considerably influences the outcome of the winding up of non-viable companies and may also promote successful corporate restructuring. As servers of justice and promoters of private economic interests, IPs performance requires an adequate monitoring system and an effective accountability system.With the European legal framework as reference, we propose to analyze the solutions adopted by four different legal systems - Dutch, Italian, Polish and Portuguese - in order to identify the similarities and differences registered in those national legal frameworks regarding IPs' supervision and liability rules.
Original languageEnglish
Pages (from-to)5-26
Number of pages22
JournalRevista Eletronica de Direito
Volume30
Issue number1
DOIs
Publication statusPublished - 1 Feb 2023

Keywords

  • insolvency practitioners
  • insolvency
  • corporate restructuring
  • supervision
  • liability
  • European and national law

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