Keywords
Summary

Keywords

1 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - INTERPRETATIONS - CONCEPTS SERVING TO INDICATE THE SCOPE OF THE CONVENTION - INDEPENDENT INTERPRETATION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 )

2 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - SCOPE - MATTERS TO WHICH THE CONVENTION DOES NOT APPLY - BANKRUPTCY , PROCEEDINGS RELATING TO THE WINDING-UP OF INSOLVENT COMPANIES OR OTHER LEGAL PERSONS , JUDICIAL ARRANGEMENTS , COMPOSITIONS AND ANALOGOUS PROCEEDINGS - EXCLUSION FROM THE SCOPE OF THE CONVENTION - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , SECOND PARAGRAPH OF ARTICLE 1 )

Summary

1 . THE CONCEPTS USED IN ARTICLE 1 OF THE CONVENTION WHICH SERVE TO INDICATE ITS SCOPE MUST BE REGARDED AS INDEPENDENT CONCEPTS WHICH MUST BE INTERPRETED BY REFERENCE , FIRST , TO THE OBJECTIVES AND SCHEME OF THE CONVENTION AND , SECONDLY , TO THE GENERAL PRINCIPLES WHICH STEM FROM THE CORPUS OF THE NATIONAL LEGAL SYSTEMS .

2 . BANKRUPTCY , PROCEEDINGS RELATING TO THE WINDING-UP OF INSOLVENT COMPANIES OR OTHER LEGAL PERSONS , JUDICIAL ARRANGEMENTS , COMPOSITIONS AND ANALOGOUS PROCEEDINGS ARE PROCEEDINGS FOUNDED , ACCORDING TO THE VARIOUS LAWS OF THE CONTRACTING PARTIES RELATING TO DEBTORS WHO HAVE DECLARED THEMSELVES UNABLE TO MEET THEIR LIABILITIES , INSOLVENCY OR THE COLLAPSE OF THE DEBTOR ' S CREDITWORTHINESS , WHICH INVOLVE THE INTERVENTION OF THE COURTS CULMINATING IN THE COMPULSORY ' ' LIQUIDATION DES BIENS ' ' IN THE INTEREST OF THE GENERAL BODY OF CREDITORS OF THE PERSON , FIRM OR COMPANY OR AT LEAST IN SUPERVISION BY THE COURTS . IF DECISIONS RELATING TO BANKRUPTCY AND WINDING-UP ARE TO BE EXCLUDED FROM THE SCOPE OF THE CONVENTION THEY MUST DERIVE DIRECTLY FROM BANKRUPTCY OR WINDING-UP AND BE CLOSELY CONNECTED WITH PROCEEDINGS FOR THE ' ' LIQUIDATION DES BIENS ' ' OR THE ' ' REGLEMENT JUDICIAIRE ' ' .