WP 6 Rights in rem

Introduction

This WP deals with the certain issues related to rights in rem within the European Insolvency Regulation recast and, specifically:

  1. is the rule under art. 8 EIR_R an absolute rule or should it be limited by a stay under art. 38 para 3 of the EIR_R?
  2. what is the relevance of a stay of opening of a secondary proceeding, when the assertion of the right in rem protected under Article 8 EIR_R is independent from the commencement of an insolvency proceeding?

Following enactment in Member states of the 2019 restructuring Directive, however, certain issues may be worth an exam for a further WP6 report and statement, such as the meaning of a stay or moratorium of individual enforcement actions; the ambit of a stay (does this extend to all or only to certain types of claims, including secured and preferential claims); and the effects of a stay on rights in rem.


Chairs

Sarah Wolffe

Giorgio Corno (acting)


Current  Projects

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Past Projects

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Conferees part of

WP 06 Rights in rem

Stefania Bariatti -
Michal Barlowski -
Reinhard Bork -
Pavel Boulatov -
Barry Cahir -
Giorgio Corno -
Roel Fransis -
Jasnica Garašić -
Francisco Garcimartin -
Antonio Leandro -
Miguel Martínez Muñoz -
Göran Millqvist -
Grégory M. D. Minne -
Paula Moffatt -
Catarina Serra -
Dominik Skauradszun -
Petr Sprinz -
Michael Veder -
Abel Veiga -
Sarah Wolffe -
Annemari Õunpuu -