+TITLE IV PROVISIONS COMMON TO REORGANISATION MEASURES AND WINDING-UP PROCEEDINGS
---+Article 20 Effects on certain contracts and rights
---+Article 21 Third parties' rightsin re
------+Article 21 1.
------+Article 21 2.
------+Article 21 3.
------+Article 21 4.
---+Article 22 Reservation of title
------+Article 22 1.
------+Article 22 2.
------+Article 22 3.
---+Article 23 Set-off
------+Article 23 1.
------+Article 23 2.
---+Article 24 Lex rei sitae
---+Article 25 Netting agreements
---+Article 26 Repurchase agreements
---+Article 27 Regulated markets
---+Article 28 Proof of liquidators' appointment
------+Article 28 1.
------+Article 28 2.
------+Article 28 3.
---+Article 29 Registration in a public register
------+Article 29 1.
------+Article 29 2.
---+Article 30 Detrimental acts
------+Article 30 1.
------+Article 30 2.
---+Article 31 Protection of third parties
---+Article 32 Lawsuits pending
---+Article 33 Professional secrecy
|
TITLE IV PROVISIONS COMMON TO REORGANISATION MEASURES AND WINDING-UP PROCEEDINGS
TITLE IV PROVISIONS COMMON TO REORGANISATION MEASURES AND WINDING-UP PROCEEDINGS
1. Översikt
| Rubrik |
Reglering |
|
Article 20 Effects on certain contracts and rights
|
Article 20
Effects on certain contracts and rights
The effects of a reorganisation measure or the opening of winding-up proceedings on:
(a)
employment contracts and relationships shall be governed solely by the law of the Member State applicable to the employment contract;
(b)
a contract conferring the right to make use of or acquire immovable property shall be governed solely by the law of the Member State within the territory of which the immovable property is situated. That law shall determine whether property is movable or immovable;
(c)
rights in respect of immovable property, a ship or an aircraft subject to registration in a public register shall be governed solely by the law of the Member State under the authority of which the register is kept.
|
|
Article 21 Third parties' rightsin re
|
|
|
Article 22 Reservation of title
|
|
|
Article 23 Set-off
|
|
|
Article 24 Lex rei sitae
|
Article 24
The enforcement of proprietary rights in instruments or other rights in such instruments the existence or transfer of which presupposes their recording in a register, an account or a centralised deposit system held or located in a Member State shall be governed by the law of the Member State where the register, account, or centralised deposit system in which those rights are recorded is held or located.
|
|
Article 25 Netting agreements
|
Article 25
Without prejudice to Articles 68 and 71 of Directive 2014/59/EU, netting agreements shall be governed solely by the law of the contract which governs such agreements.
|
|
Article 26 Repurchase agreements
|
Article 26
Without prejudice to Articles 68 and 71 of Directive 2014/59/EU and Article 24 of this Directive, repurchase agreements shall be governed solely by the law of the contract which governs such agreements.
|
|
Article 27 Regulated markets
|
Article 27
Without prejudice to Article 24, transactions carried out in the context of a regulated market shall be governed solely by the law of the contract which governs such transactions.
|
|
Article 28 Proof of liquidators' appointment
|
|
|
Article 29 Registration in a public register
|
|
|
Article 30 Detrimental acts
|
|
|
Article 31 Protection of third parties
|
Article 31
Protection of third parties
Where, by an act concluded after the adoption of a reorganisation measure or the opening of winding-up proceedings, a credit institution disposes, for consideration, of:
—
a ship or an aircraft subject to registration in a public register, or
—
instruments or rights in such instruments the existence or transfer of which presupposes their being recorded in a register, an account or a centralised deposit system held or located in a Member State,
the validity of that act shall be governed by the law of the Member State within the territory of which the immovable asset is situated or under the authority of which that register, account or deposit system is kept.
|
|
Article 32 Lawsuits pending
|
Article 32
The effects of reorganisation measures or winding-up proceedings on a pending lawsuit concerning an asset or a right of which the credit institution has been divested shall be governed solely by the law of the Member State in which the lawsuit is pending.
|
|
Article 33 Professional secrecy
|
Article 33
All persons required to receive or divulge information in connection with the information or consultation procedures laid down in Articles 4, 5, 8, 9, 11 and 19 shall be bound by professional secrecy, in accordance with the rules and conditions laid down in Article 30 of Directive 2000/12/EC, with the exception of any judicial authorities to which existing national provisions apply.
|
,
1.1 Referenser
1.2 Identifierade krav
1.3 Relaterade standarder
2. Identifierade krav
3. Relaterade standarder
|