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Treatment of Contracts in Insolvency

Treatment of Contracts in Insolvency

Author: Dennis Faber; Niels Vermunt; Jason Kilborn; Kathleen van der Linde
Publisher: Oxford University Press
ISBN: 9780199668366
Published In: October 2013
Format: Hardback , 656 pages
Jurisdiction: International, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The most detailed country-by-country analysis of the treatment of contracts in insolvency enabling readers to understand the key points and pitfalls of the law of each featured jurisdiction
Includes consideration of specialist contracts for finance, insurance, IP and licensing, sale and hire purchase leasing, employment and utilities
Focuses on the practical aspects likely to affect the work and advice of practitioners
Clear layout and uniform structure of national reports offers key information at a glance

This is the second title in the new Oxford International and Comparative Insolvency Law Series. Virtually any insolvency needs to deal with the matter of contractual obligations and this book focuses on the extent to which insolvency law interferes with those obligations and relationships. As with the first volume in the series, the topic is addressed through national reports from at least twenty of the main economically developed countries, all of which follow a uniform structure. This format enables easy comparison between the jurisdictions and substantially enhances the accessibility of material on a jurisdiction to foreign lawyers.

It is essential for all commercial lawyers to consider the implications of insolvency (whether of their client or of the counter-party) on any contract that is under discussion, particularly where there are international aspects to the transaction. This work provides authoritative guidance on the consequences of insolvency on the contractual relationship covering issues such as performance, rights of counterparties, and the special treatment of nominated contracts. Also considered are the effects of pre-insolvency negotiated contractual remedies such as flip clauses, automatic termination, acceleration clauses, close out netting provisions, flawed/conditional rights and penalty provisions. The book takes a comparative approach to the treatment of restitution claims and contracts concluded during the proceedings by the insolvency administrator. There is also guidance given on striking a balance between competing interests in an insolvency situation, for example social concerns raised by some employment contracts.

Quality, uniformity and the high level of detail of National Reports are the key benefits of this book. The topic of the treatment of contracts is one in which there are significant differences internationally making this volume a valuable reference tool for practitioners and scholars alike.

Readership: Practitioners and academics in the field of insolvency law throughout the world, and intergovernmental organizations such as the IMF and World Bank.

1: Christopher Symes: National Report for Australia
2: Eric Dirix and Roel Fransis: National Report for Belgium
3: Rachel Sztajn, Paulo Fernando Campos Salles de Toledo, and Fernando César Nimer Moreira da Silva: National Report for Brazil
4: Doris Ngaundje Leno: National Report for Cameroon
5: National Report for Canada
6: Wang Weiguo: National Report for the People's Republic of China
7: Tomás Richter: National Report for Czech Republic
8: National Report for England
9: National Report for France
10: Christoph G. Paulus and Matthias Berberich: National Report for Germany
11: David Hahn: National Report for Israel
12: Carlos Sánchez-Mejorada y Velasco: National Report for Mexico
13: Dennis Faber and Neils Vermunt: National Report for the Netherlands
14: Marek Porzycki: National Report for Poland
15: Kathleen van der Linde: National Report for South Africa
16: Soogeun Oh and Heejong Song: National Report for the Republic of Korea (South Korea)
17: J. Ignacio Tirado: National Report for Spain
18: Annina H. Persson and Marie Karlsson Tuula: National Report for Sweden
19: Benhajj S. Masoud: National Report for Tanzania
20: Jason Kilborn: National Report for the United States

Edited by Dennis Faber, Radbound University Nijmegen; Clifford Chance, Niels Vermunt, Radbound University Nijmegen; Linklaters, Jason Kilborn, Radbound University Nijmegen; John Marshall Law School (Chicago), andKathleen van der Linde, University of Johannesburg

Dennis Faber is Professor of private and commercial law at the Business & Law Research Centre of the Radboud University Nijmegen, The Netherlands, and member of its Executive Board. He is senior adviser with Clifford Chance LLP, Amsterdam Office, and justice at The Hague Court of Appeal. Prof. Faber is co-editor of the Oxford International and Comparative Insolvency Law Series.

Niels Vermunt is a senior researcher and lecturer in the field of private and commercial law at the Business & Law Research Centre of the Radboud University Nijmegen, The Netherlands, and secretary of its Executive Board. He is also adviser with Linklaters LLP, Amsterdam Office (Banking & Capital Markets Department). Niels Vermunt is co-editor of the Oxford International and Comparative Insolvency Law Series.

Jason Kilborn is Professor of Law at John Marshall Law School (Chicago) and Professor of International and Comparative Insolvency Law at the Business & Law Research Centre of the Radboud University Nijmegen, The Netherlands. He chairs the World Bank drafting group on the treatment of insolvency of natural persons and is a member of the World Bank working group on insolvency.

Kathleen van der Linde is Professor of Mercentile Law at the Faculty of Law of the University of Johannesburg.

Contributors:
Dennis Faber, Clifford Chance, University of Nijmegen
Niels Vermunt, University of Nijmegen
Jason Kilborn, John Marshall Law School
Kathleen van der Linde, University of South Africa
Tomas Richter, Clifford Chance, Charles University of Prague
Christopher Symes, University of Adelaide
Eric Dirix, Catholic University Leuven
Roel Fransis, Catholic University Leuven
Rachel Sztajn, University of Sao Paulo
Paulo Fernando Campos Salles de Toledo
Fernando César Nimer Moreira da Silva, University of Sao Paulo
Doris Ngaundje Leno, University of Pretoria
Wang Weiguo, China University of Political Science and Law
Tomas Richter, Clifford Chance, Charles University of Prague
Christoph G. Paulus, Humboldt University of Berlin
Matthias Berberich, Humboldt University of Berlin
David Hahn, Bar-Ilan University
Carlos Sanchez-Mejorada
Marek Porzycki, Jagiellonian University
Soogeun Oh, Ewha Law School
Heejong Song, Ewha Law School
Ignacio Tirado, The World Bank
Annina H. Persson, Örebro University
Marie Karlsson Tuula, University of Gothenburg
Benhajj Masoud, The Open University of Tanzania