2006
DOI: 10.1017/s0165070x06003317
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The Eurofood Case: One Company, Two Main Insolvency Proceedings: Which One Is the Real One?

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“…157 There has been much debate on whether courts in countries following a civil law tradition would have discretionary powers to cooperate with foreign courts and authorities in crossborder insolvency cases. 158 Common law judges would be able to "pick up the phone" and call foreign judges, 159 facilitating the desired cooperation and coordination. Civil law judges, being generally bound by legal rules, may not have discretion to act unless expressly authorised by legislative provisions.…”
Section: Cooperation and Coordinationmentioning
confidence: 99%
“…157 There has been much debate on whether courts in countries following a civil law tradition would have discretionary powers to cooperate with foreign courts and authorities in crossborder insolvency cases. 158 Common law judges would be able to "pick up the phone" and call foreign judges, 159 facilitating the desired cooperation and coordination. Civil law judges, being generally bound by legal rules, may not have discretion to act unless expressly authorised by legislative provisions.…”
Section: Cooperation and Coordinationmentioning
confidence: 99%