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Modified universalism or modified universality is a legal concept (particularly an English legal concept) relating to the general principle that in relation to corporate insolvency national courts should strive to administer the estate of insolvent companies in the spirit of international comity.〔(【引用サイトリンク】title=Is there a principle of Modified Universality in Insolvency in the Cayman Islands? )〕 The broad concept is that it is desirable for cross-border insolvencies to be managed by a single officeholder as a single estate rather than a series of piecemeal and unconnected proceedings in different countries, and that this should be recognised globally. In practice, whilst many countries will recognise foreign bankruptcy proceedings, in many instances the courts have set some limits on the recognition of insolvency proceedings, such that the courts apply this principle of modified universality whereby the courts retain a discretion to assess whether the overseas proceedings are consistent with their own principles of justice and public policy. But, subject to that safeguard, the courts will generally defer to the proceedings which are regarded as the "main proceedings" for the purposes of getting in and distributing assets of the insolvent company. The principal is referred as to ''modified'' universalism in that it strives to find a balance between purely territorial bankruptcy systems, and entirely universal international bankruptcy system. Credit for the invention of the modern term is usually given to Professor Jay Westbrook.〔''(McGrath & Ors v Riddell & Ors (Conjoined Appeals) )'' () UKHL 21 at para ()〕 The concept of modified universalism broadly underpins the UNCITRAL Model Law on Cross-Border Insolvency, and the EC Insolvency Regulation on Insolvency Proceedings (Council Regulation (EC) No 1346/2000). Similarly, Chapter 15 of the US Bankruptcy Code (which is based upon the UNCITRAL Model Law) is heavily predicated on the concept of modified universalism. The concepts of universalism and modified universalism have, predictably, shifted and evolved over time. In English law the concept of ''universalism'' is usually used in contrast to the alternative theory of judicial cooperation in cross-border insolvencies referred to as the ''doctrine of unity''.〔(''Rubin v Eurofinance SA'' ) () UKSC 46〕 As has been judicially noted: "The meaning of the expression 'universalism' has undergone a change since the time it was first used in the 19th century, and it later came to be contrasted with the 'doctrine of unity.' In 1834 Story referred to the theory that assignments under bankrupt or insolvent laws were, and ought to be, of universal operation to transfer movable property, in whatever country it might be situate, and concluded that there was great wisdom in adopting the rule that an assignment in bankruptcy should operate as a complete and valid transfer of all his movable property abroad, as well as at home, and for a country to prefer an attaching domestic creditor to a foreign assignee or to foreign creditors could 'hardly be deemed consistent with the general comity of nations … ()he true rule is, to follow out the lead of the general principle that makes the law of the owner's domicil conclusive upon the disposition of his personal property,' citing ''Solomons v Ross'' as supporting that doctrine: ''Story, Commentaries on the Conflict of Laws'', 1st ed (1834), pp 340-341, para 406."〔''Rubin'', at para ()〕 ==Codification== A number of countries throughout the world have sought to apply some form of modified universalism through passing statutes or other forms of codified laws. As noted above, US bankruptcy law substantially implements the principles of modified universalism in the adoption of the UNCITRAL Model Law in Chapter 15. In the United Kingdom the same UNCITRAL Model Law has been substantially implemented by way of the Cross-Border Insolvency Regulations 2006 (SI 2006/1030). In addition to the United States and the United Kingdom, approximately 17 other countries have adopted cross-border insolvency laws modelled on the UNCITRAL Model Law, including Canada, Japan and Australia. In the other member states of the European Union (other than Denmark〔), a variation of the doctrine applies under the auspices of EC Insolvency Regulation on Insolvency Proceedings. In other jurisdictions various forms of ''ad hoc'' cross-border cooperation exist on the basis of a foreign main proceeding.〔See for example under British Virgin Islands bankruptcy law Part XIX of the Insolvency Act, 2003; and under Cayman Islands bankruptcy law the Foreign Bankruptcy Proceedings (International Cooperation) Rules, 2008.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Modified universalism」の詳細全文を読む スポンサード リンク
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