This book examines confidentiality, secrecy and privilege issues in insolvency proceedings for corporates and banks. It attempts to fill the gap that the authors have identified. Bankruptcy and insolvency legal research, in particular, seem to lack clear definitions, incomplete laws and cases with respect to the application of these three themes in corporate insolvency and bank resolution proceedings. Moreover, there are still inconsistent views and opinions of judicial authorities across dif...

This book presents, for the first time, a systematic study of the solutions available for transferring money claims and related security rights in securitisations, using England, France and Scotland as focus jurisdictions. It adopts a dual comparative approach to determine a model solution that is most efficient for securitisations. First, it employs a functional approach to identify solutions available in the focus jurisdictions. Through this method, the book offers a comprehensive doctrinal...

In a growing number of countries, inquiries into past intercountry adoptions take place that identify systemic abuses and irregularities and conclude that adoption stakeholders encouraged or facilitated illegal intercountry adoptions. However, so far, the response from these stakeholders has been inadequate in addressing the profound human rights violations endured by those affected by illegal adoptions. Despite the growing movement of adoptees advocating for justice on behalf of themselves a...

This book is the last book Jan Lokin wrote. Lokin had written on and off about the theme of codification throughout his career. He started writing about codification in 1984 and returned to the theme with this book. The term codification itself was coined by Jeremy Bentham. So, it is a bit of an anachronism to use the term codification in connection with the law codes of Theodosius II and Justinian, but it nevertheless describes these codes very well, as Lokin shows. He studied the two codifi...

Much has been written about the UN Convention on the International Sales of Goods (CISG) and how it might not be an appropriate piece of legislation to govern commodity sales. This book is the first to address this issue from a broader and comprehensive perspective, covering in detail the strengths and shortcomings of the CISG when applied to such contracts. The book discusses the effects of specific provisions of the CISG when applied to situations that are usual in the commodity markets, an...

Collective actions and the financing of complex mass damage cases have been among the most debated and controversial topics in civil justice in Europe over the past decade. With the entry into force of the Dutch collective damages procedure (WAMCA) in 2020, the Netherlands has re- confirmed its reputation as one of the frontrunners in having a welldeveloped framework for collective actions and settlements. Third party litigation funding has become an important source of funding, and its incre...

Since 1997 Sjef van Erp has been professor of civil law and European private law at Maastricht University. Throughout his career he established the field of comparative and European property law not only as a field of research, but also as a field to teach in. His pioneering work in comparative property education has been an example throughoutthe world. His work to gather property experts to make a Ius Commune Casebook on property law, widely used throughout the world as one of the first and ...

The unforeseen Covid-19 pandemic has propelled, and continues to propel, unprecedented transformations to civil proceedings and the landscape in which they operate. Courts have proven to be creative and innovative in their responses to the pandemic, and in their ability to implement digitisation of paperwork and remote hearings. This book contains a comparative study of how courts in 23 countries have coped with the pandemic, addressing selected innovations and adaptations to court proceedin...

This book is the first to set out how sukuk transactions can be structured under Dutch private law and covers the Islamic and Dutch legal issues involved. The author explains the fundamentals of Islamic finance and analyses Islamic contract, property, corporate and finance law. He describes how Islamic finance principles such as riba (in short: prohibition on interest) and gharar (avoidance of contractual uncertainty) have contributed to the development of Islamic finance contracts. The autho...