+CHAPTER IV Common provisions
---+Article 285 Effects on certain contracts and rights
---+Article 286 Rights in rem of third parties
------+Article 286 1.
------+Article 286 2.
------+Article 286 3.
------+Article 286 4.
---+Article 287 Reservation of title
------+Article 287 1.
------+Article 287 2.
------+Article 287 3.
---+Article 288 Set-off
------+Article 288 1.
------+Article 288 2.
---+Article 289 Regulated markets
------+Article 289 1.
------+Article 289 2.
---+Article 290 Detrimental acts
---+Article 291 Protection of third-party purchasers
---+Article 292 Lawsuits pending
---+Article 293 Administrators and liquidators
------+Article 293 1.
------+Article 293 2.
------+Article 293 3.
---+Article 294 Registration in a public register
------+Article 294 1.
------+Article 294 2.
---+Article 295 Professional secrecy
---+Article 296 Treatment of branches of third-country insurance undertakings
|
CHAPTER IV Common provisions
CHAPTER IV Common provisions
1. Apžvalga
| Pavadinimas |
Reguliavimas |
|
Article 285 Effects on certain contracts and rights
|
Article 285
Effects on certain contracts and rights
By way of derogation from Articles 269 and 274, the effects of the opening of reorganisation measures or of winding-up proceedings shall be governed as follows:
(a)
in regard to employment contracts and employment relationships, exclusively by the law of the Member State applicable to the employment contract or employment relationship;
(b)
in regard to contracts conferring the right to make use of or acquire immovable property, exclusively by the law of the Member State where the immovable property is situated; and
(c)
in regard to rights of the insurance undertaking with respect to immovable property, a ship or an aircraft subject to registration in a public register, exclusively by the law of the Member State under the authority of which the register is kept.
|
|
Article 286 Rights in rem of third parties
|
|
|
Article 287 Reservation of title
|
|
|
Article 288 Set-off
|
|
|
Article 289 Regulated markets
|
|
|
Article 290 Detrimental acts
|
Article 290
Article 274(2)(l) shall not apply where a person who has benefited from a legal act which is detrimental to all the creditors provides proof of that act being subject to the law of a Member State other than the home Member State, and proof that that law does not allow any means of challenging that act in the relevant case.
|
|
Article 291 Protection of third-party purchasers
|
Article 291
Protection of third-party purchasers
The following law shall be applicable where, by an act concluded after the adoption of a reorganisation measure or the opening of winding-up proceedings, an insurance undertaking disposes, for consideration, of any of the following:
(a)
in regard to immovable assets, the law of the Member State where the immovable property is situated;
(b)
in regard to ships or aircraft subject to registration in a public register, the law of the Member State under the authority of which the register is kept;
(c)
in regard to transferable or other securities, the existence or transfer of which presupposes entry in a register or account laid down by law or which are placed in a central deposit system governed by the law of a Member State, the law of the Member State under the authority of which the register, account or system is kept.
|
|
Article 292 Lawsuits pending
|
Article 292
The effects of reorganisation measures or winding-up proceedings on a pending lawsuit concerning an asset or a right of which the insurance undertaking has been divested shall be governed solely by the law of the Member State in which the lawsuit is pending.
|
|
Article 293 Administrators and liquidators
|
|
|
Article 294 Registration in a public register
|
|
|
Article 295 Professional secrecy
|
Article 295
All persons required to receive or divulge information in connection with the procedures laid down in Articles 270, 273 and 296 shall be bound by the provisions on professional secrecy, as laid down in Articles 64 to 69, with the exception of any judicial authorities to which existing national provisions apply.
|
|
Article 296 Treatment of branches of third-country insurance undertakings
|
Article 296
Treatment of branches of third-country insurance undertakings
Where a third-country insurance undertaking has branches established in more than one Member State, each branch shall be treated independently with regard to the application of this Title.
The competent authorities and the supervisory authorities of those Member States shall endeavour to coordinate their actions.
Any administrators or liquidators shall likewise endeavour to coordinate their actions.
|
,
1.1 Nuorodos
1.2 Nustatyti reikalavimai
1.3 Susiję standartai
2. Nustatyti reikalavimai
Reikalavimai
| Šaltinis |
Reikalavimas |
3. Susiję standartai
Standartai
| Šaltinis |
Reikalavimas |
|