Treatment of Contracts in Insolvency

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  • Format: Hardcover
  • Copyright: 2013-12-24
  • Publisher: Oxford University Press

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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.

Table of Contents

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

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