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Retention of Title in and out of Insolvency

Retention of Title in and out of Insolvency

Author: Marcel Willems
Publisher: Globe Law and Business
ISBN: 9781909416796
Published In: December 2015
Format: Hardback , 383 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Suppliers of goods tend to think that they have strong rights if they retain ownership of delivered goods until the purchase price has been fully paid, because disputes involving non-payment can supposedly be solved fairly easily by claiming payment in court or repossessing the goods. However, things may get difficult for the supplier if a purchaser is in possession of the goods but then becomes insolvent.

Over the past decade the number of insolvencies has increased dramatically, and their complexity has also increased. Particularly when foreign jurisdictions come into play, it may turn out that a supplier’s rights are weaker than it thought. For instance, has the supplier really retained title to the goods, or can the liquidator dispose of them and take the money? Or if the supplier believes it has sound retention of title in its home country, does that still apply when goods are delivered to a purchaser abroad? And when the retention of title is valid, how can the supplier actually repossess goods if the purchaser defaults and is uncooperative?

Such questions need answers, and this publication provides a practical overview of the most relevant legal issues concerning retention of title in more than 30 of the most important business nations globally. It provides guidance to manufacturers and suppliers of goods, insolvency practitioners and their attorneys for promoting a better understanding of retention of title and the effects of insolvency. So whether you are a lawyer, insolvency practitioner or general counsel in an international business, this commercially focused guide will provide practical insight into the relevant legal issues.

Consulting editor: Marcel Willems on behalf of the International Bar Association

Contributing firm	Author(s)

Australia
Minter Ellison	Ian Walker
Austria
Brauneis Klauser & Prändl	Arno Brauneis
	Maria Vertesich
Belgium
Lydian	Tom Reingraber
	Yves Lenders
Canada
Gowling Lafleur Henderson LLP	Jennifer Stam
	Kelby Carter
China
R&P China Lawyers	Kelly Bai
	Rogier van Bijnen
Czech Republic
Giese & Partner vos	Ernst Giese
Giese & Partner, vos	Veronika Strizova
Denmark
Bech Bruun	Carsten Ceutz
England
Gateley Plc	Ken Titchen
Finland
Castrén & Snellman Attorneys Ltd	Christer Svartström
	Elina Pesonen
	Pekka Jaatinen
France
BMH Avocats	Amélie Dorst
	Anja Droege Gagnier
Germany
GÖRG Partnerschaft von Rechtsanwälten mbB	Kirsten Schümann-Kleber
	Thomas Nicht
Greece
K P Law Firm	Constantinos N Klissouras
KP Law Firm	Christina K Papachristopoulou
Hungary
Szecskay Attorneys at Law	Attila Jákói
	Sándor Németh
Ireland
Mason Hayes & Curran	Frank Flanagan
Israel
Horn & Co Law Offices	Assaf Unger
	Yuval Horn
Italy
Legance Avvocati Associati	Elisabetta Caccavella
Japan
Nishimura & Asahi	Tomohiro Murakami
Luxembourg
MOLITOR	Chan Park
	Paulo Lopes Da Silva
Netherlands
Kennedy Van der Laan	Marcel Willems
Poland
Kocur & Partners	Jan Kieszczyński
	Michał Kocur
Portugal
Abreu Advogados	Filipe Portela do Valle
	Miguel De Avillez Pereira
	Tiago Castanheira Marques
Russia
Egorov Puginsky Afanasiev & Partners	Evgenia Evdokimova
	Sergey Strembelev
South Africa
Independent Advisory (Pty) Limited	Hans Klopper
South Korea
Kim & Chang	Hai-Jin Park
	Sang-Jin Ahn
	Steve Sunghwa Song
Spain
Jausas Legal	Agustín Bou
Switzerland
Vischer AG	Benedict F Christ
	David Jenny
Turkey
Fırat Izgi Attorney Partnership	E Sevi Firat
	N Can Artuz
USA
Chicago Kent College of Law Illinois Institute of Technology	Steven L Harris