Tarptautinio bankroto proceso aspektų teisinis reguliavimas Europos Sąjungos ir Lietuvos teisėje

The object of this dissertation is the legal regulation of the following aspects of cross-border insolvency proceedings: international jurisdiction, applicable law, recognition and enforcement of foreign judgments. Regulation of these aspects is analyzed in two levels. First of all, regulation of international jurisdiction, applicable law and recognition as well as enforcement of judgments in the European Union level is examined by analyzing provisions established in the Regulation 1346/2000, including the case law of the European Union Court of Justice. Direct application of the Regulation in Lithuania is analyzed as well and main problems related to its application are revealed. Secondly, the regulation of the aforementioned aspects of cross-border insolvency proceedings is analyzed in the national level, and in addition the rules set forth in international treaties are examined. Great attention is attributed to the problems revealed in the case law of Lithuanian courts. Finally, solutions for identified problems as well as recommendations for the Lithuanian legislator for the purposes of improving legal regulation of cross-border insolvency proceedings are proposed.