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• Consumer insolvency in the European Union

  153-163

  Nikolett Zoványi

  Views:

  81

  Almost all modern civil legal systems respect property rights as a privileged and fundamental right, which means the property rights of individuals cannot be restricted or taken away without due process of law. In the case of insolvency proceedings, the person's right to property is violated, as the debtor is deprived of this right, at least partially. In such situations, the property rights of the debtor and the creditor are strained against each other, even to such level that the debtor's livelihood and alimentation is threatened by the satisfaction of the creditor's demands. During insolvency proceedings, we should restore the property rights relationship that was broken on the part of the creditor as a result of the debtor's behavior at the expense of the debtor's assets, ensuring that the debtor's interests are also protected, and that the proceedings take into account the interests of both parties. National lawmakers should, therefore, take several aspects into account to create the material and procedural legislation on the basis of which property of private individuals can also be subject to insolvency proceedings. Lawmakers should act in an environment where, due to the impact of globalization, it is no longer evident that the debtor and the creditor are citizens of the same country. This is the reason it is also important to examine how the European Union regulates insolvency proceedings in the case of consumer over-indebtedness in a manner that crosses national borders and still remains inside the Union.

• Cross-Border Mergers and Acquisitions in Light of the European Legal Framework

  1-12

  Leen Bakerjian

  Views:

  150

  This paper will discuss the role that Mergers and Acquisitions play in the global economy. It will deliberate on the challenges, benefits and issues of the implementation of these transactions in terms of legality, society and culture. It also contains an empirical enquiry that investigates the application of Mergers and Acquisitions in the presence of different social and cultural working environments. It also demonstrates attempts of entering into such transactions with incorrect intentions such as domination and the negative outcomes of such approach.

  Throughout this work, I will investigate the legal instruments governing these types of transactions in different areas of the world, specifically the European Union. It will touch on the legal instruments governing Mergers and Acquisitions in the European Union and will challenge the applicability of the fundamental freedoms of the European Union in light of the cross-border Mergers and Acquisitions directives. The paper will challenge the European Court of Justice’s approach to the Freedom of Establishment and the application of cross-border M&As.

  Finally, a clear demonstrateion of the fallbacks of the provisions of the Cross-Border Mergers Directives is provided as well as challenging the European legislature’s choices in drafting said directives. Unusual discrepancies between the directives and the fundamental freedoms of the European Union are shown, however these two which must always be in line with one another.