A model Law is a legislative text that needs legislative guide to outline the core issues to be incorporated in the substantive law - Discuss the relevance in having Legislative Guide by United Nations Commission for Int

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2019
A model Law is a legislative text that needs legislative guide to outline the core issues to be incorporated in the substantive law - Discuss the relevance in having Legislative Guide by United Nations Commission for International Trade Law (UNCITRAL) to supplement UNCITRAL Model Law on cross border insolvency.

Answer & Explanation:

A model law is generally used differently than a legislative guide. Specifically, a model law is a legislative text recommended to States to enact as part of National Law, with or without modification. As such, model laws generally propose a comprehensive set of legislative solutions to address a particular topic and the language employed supports direct incorporation of the provisions of the model law into a national law. On the other hand, legislative guide focuses upon providing guidance to legislators and other users and for that reason guides generally include a substantial commentary discussing and analysing relevant issues. It is not intended that the recommendations of a legislative guide be enacted as part of law as such. Rather, they outline the core issues that it would be desirable to address in that law, with some recommendations providing specific guidance on how certain legislative provisions might be drafted. The purpose of the Legislative Guide on Insolvency Law is to assist the establishment of an efficient and effective legal framework to address the financial difficulty of debtors. The Legislative Guide provides a comprehensive statement of the key objectives and principles that should be reflected in a State's insolvency laws.

Topics: Cross Border Insolvency

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