Os efeitos da insolvência transnacional no Brasil e na união européia

Abstract

The present monograph demonstrates how the phenomenons of globalization and discovery of new tecnologies influenced the intensification of international commerce, through operations concluded via internet. Fomenting the judicial international transactions, point out that necessity of securing the protection and certanity of theese juridical international relations, will not be harmed by problems originating from the fact of being transnational a certain situation of banckruptcy. In this particular, the problem cited will be considered, above all, from the stand point of view of the Brazilian Juridical Ordinance in comparison with the laws of the European Economic Community. Specifically, besides determining the concept and reach of transnational banckruptcy, we will face the question of the international jurisdiction, choosing among all the courts of the countries involved, those that present the best elements of connection regarding a given case, thus indicating which ones are clearly competent to rule over the litigation. Furthermore we will be dealing with questions connected with processes of insolvency, that is, banckruptcy related or not with a given civil insolvency of a natural person, whenever refering to plurilocated phenomenons, that is, with elements of connection with more than one juridical system, not to mention the problem faced by the determination of the aplicable law to foreign verdict results. Last but not least, it must be accentued that only the essential aspects of the banckruptcy process will be analized and, since these aspects are strictly necessary to the present study including eventual correlations with the juridical penal sphere.