Suma de Negocios (Jun 2010)
Falência internacional no direito comunitário
Abstract
This article discusses the international bankruptcy in American integration law addressing aspects of international law, Community law and private international law. Adopts as paradigm the recent provisions of European Community law on the matter, comparing the territorial principle, which traditionally governs the invitation to tender international bankruptcy, with the principle of bankruptcy universal normative, adopted in Europe, that provides the transboundary effects of the declaration of bankruptcy when the debtor possesses establishments or goods based in other countries in the block of integration. It is concluded by the needed to adopt a procedure that balances all interests in conflict and considers the important social role of the company in a globalised economy.
