Third parties’ rights in rem under European insolvency regulation

Abstract

The research of the thesis is based on the application and interpretation of European Insolvency Regulation regarding protection of rights in rem; the application of principles of territoriality and universality on rights in rem; the analysis of article 5 of EIR, specifically the nature of rights in rem, localization of the charged assets, the applicable law and the ranking of the secured creditors, according to property law; the application of UNICTRAL to security rights and the comparison between UNICTRAL and EIR as to determine the best protection for security rights. The objectives of the research are to compare EIR and EIR Recast; EIR and UNICTRAL and Lithuanian and Moldovan law in the field of protection of security rights; and to analyze of principles of territoriality and universality and the effects of security rights under insolvency and property law.