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2 Scope of the EIR

Reinhard Bork

From: European Cross-Border Insolvency Law (2nd Edition)

Reinhard Bork, Renato Mangano

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 February 2023

Subject(s):
Banks and cross-border issues — Bank resolution and insolvency

This chapter expounds on the application of the European Insolvency Regulation (EIR) which is marked by notable deference to the characterisation of particular insolvency situations used by the individual Member States. The scope of the EIR is determined by circumstances, geographical limitations and the involved parties. The chapter explores the personal scope, material scope, and territorial scope of the EIR and its respective issues. Policy disputes persist concerning the boundaries of the EIR’s personal scope, while practitioners are limited in terms of relevance for issues. Moreover, state legal systems have a range of categorising debtors such as natural persons, legal persons, traders, consumers, and bodies governed by private or public law.

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