Insolvency criteria in European, French and Ukrainian law.

Summary The extreme complexity of our contemporary law leads more and more lawyers to seek specialization, which is synonymous with depth and therefore competence. But if such an approach has obvious positive aspects, it sometimes has the disadvantage of leaving in the shadows questions that lie at the intersection of several disciplines. However, in these conflicts or coordinations of special laws, there often lie today beautiful subjects of thesis. In insolvency law, countries have to decide on a number of questions of form and substance. Notwithstanding the diversity of substantive issues to be resolved, insolvency law is procedural in nature. The rules of collective proceedings are designed to play a crucial role in the allocation of risk among the various actors in the judicial process. The procedural question is what are the triggers for the introduction of collective proceedings. The first part of the study shows that the criteria for insolvency have always existed but their meaning has changed over time and depends on the legal system of the country in question. The second part of this research is devoted to the content of the insolvency criteria in France, in Ukraine and in the EU. A second issue of the research is to see how the third criterion (imminent insolvency) appeared in the French common law and when the reform of the insolvency legislation in Ukraine stopped. The internationalization of the economy necessarily generates situations of insolvency of multinational companies or/and asset owners throughout the world. We will therefore try to elaborate a common approach in a European law that would be a logical continuation of national legislations.