Oriana Casasola

Oriana Casasola

Profile

My research addresses the topic of the harmonisation of transaction avoidance within and outisde corporate insolvency law in the European Law. Transaction avoidance is a group of legal remedies, available both in insolvency law and in private law providing the creditor with the possibility to require the nullification of debtors’ transactions in case of transfer of property in fraud of creditors.

The concept of avoidance transaction represents a cornerstone in the field of insolvency law since it enables the restoration of the estate's integrity, therefore enhancing two of the scopes of insolvency law: the maximisation of the value of the estate and the equalisation of distribution among creditors.

My work is a comparative study of the avoidance remedies available in the U.K., Germany and Italy. It seeks to evaluate whether there are substantial differences between avoidance actions available in insolvency law and those in private law, bearing in mind the ontological differences between these branches of law. Finally, it aims to contribute to the development of the harmonization of transaction avoidance remedies at the European Union Level.

Conference Papers

‘Transaction Avoidance Regime in the Insolvency Regulation Recast: Limits and Prospects’ Edinburgh Postgraduate Conference, Edinburgh University

'Actio Pauliana in England: is it there or is it not? CBLP Postgraduate Conference Leeds, University of Leeds

 ‘Fraudulent Conveyance in the European Union: Making the Case for Harmonisation’ at SLS Postgraduate Conference 2017, University College Dublin.

’Emerging Issues in Insolvency law: the Case of Transaction Avoidance' at the ICCL Annual Postgraduate Research Conference 2017, Durham Law School

'A Sustainable Approach to Insolvency Law' at the ESSL Graduate School Conference 2017, Leeds University