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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Liliya Baymuratova
Conflict Regulation of Cross-Border Insolvency
Jurisprudence
(Bachelor’s programme)
2016
The final paper is aimed at the investigation and analysis of the ways to solve conflict issues arising within cross-border insolvency and reveal among them the most appropriate variants to achieve the effective implementation of the bankruptcy procedure.

The main objectives of the paper are: 1) to examine features of legal relations of cross-border insolvency; 2) to analyze various approaches to regulate conflict issues of cross-border insolvency; 3) to investigate legal institution of recognition and enforcement of foreign bankruptcies; 4) to study basic models of legal regulation of cross-border insolvency.

Based on the research the following conclusions were made: firstly, conflict regulation of cross-border insolvency is necessary to establish due to international nature of its legal relations; secondly, conflict regulation of cross-border insolvency is complicated by multiplicity of its legal relations; thirdly, the law applicable to cross-border insolvency is determined by special connecting factor «lex fori concursus» for procedural legal relations and by different connecting factors of the country where the bankruptcy procedure is initiated for material legal relations; fourthly, application of lex fori concursus principle requires to determine international jurisdiction in the framework of cross-border insolvency; fifthly, the concept of the center of debtor’s main interests is the most appropriate way to determine the location of cross-border insolvency proceedings and the law applicable to its procedural legal relations; sixthly, efficiency of cross-border insolvency procedure is achieved by establishment of cooperation between the different states’ courts in accordance with the model of modified universalism.

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