Security Rights In Cross-Border Insolvency Proceedings Within The European Union

Abstract

The Master’s Thesis is dedicated to correlation between creditor’s security rights and cross-border insolvency cases in the European Union. The aim of this research is to reveal the concept of security rights, both general and established in Article 5 of the European Insolvency Regulation, features and problematic aspects of it and concept of cross-border insolvency proceedings, as well as effects of insolvency on security rights. This research analyses arising problems in distinguishing security rights from other proprietary rights, protection of security rights in insolvency cases established in the European Union law and issues caused by formulation of relevant provisions, their interpretation and effects. Examining all aspects of the research current European Insolvency Regulation was invoked, as well as prospective Insolvency Regulation (Recast).