Description
Book SynopsisExecutory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.
Key Features:
- Contributions from more than 40 insolvency law experts
- Exploration of ipso facto clauses and procedural issues
- Consideration of the economic impact of the COVID-19 pandemic
- Targeted footnote references, including non-English sources, for further reading
- Rigorous coverage of recent developments and reforms and discussion of the procedural challenges they present
- Incisive analysis of insolvency law in a broad range of countries, including those with emerging economies and with hybrid systems of law
- Substantially revised material, including wholly rewritten chapters on Germany and Singapore and a brand new chapter on South Korea
Providing a globalised and comparative perspective on executory contracts in insolvency law, this book will be an invaluable tool for legal practitioners requiring a cross-border perspective on the subject as well as academics and researchers in the field. Policy makers and institutions seeking to introduce insolvency law reforms in their home countries can draw from the comparative nature of the book to devise better, more effective reforms.
Trade Review‘The treatment of executory contracts in insolvency differs significantly across jurisdictions. Therefore, getting a comprehensive understanding of the different approaches existing around the world is not an easy task. Fortunately for the insolvency community, Professor Jason Chuah and Dr Eugenio Vaccari have helped us navigate that challenge by leading this excellent book that is expected to become an essential reading for practitioners, academics, judges and policy makers.’ -- Aurelio Gurrea-Martínez, Singapore Management University, Singapore
Table of ContentsContents: Preface xxxiv Table of cases xxxvi Table of legislation xxxvii 1 A thematic and comparative evaluation of executory contracts and ipso facto clauses 1 Jason Chuah PART I COMMON LAW SYSTEMS 2 Executory contracts in insolvency: The Australian perspective 30 Elizabeth Streten 3 Executory contracts in insolvency: The Bangladeshi Perspective 51 Morshed Mannan, Muhammad Mahbubur Rahman and Borhan Uddin Khan 4 Executory contracts in insolvency: The English Perspective 66 Eugenio Vaccari 5 Executory contracts in insolvency: The Indian perspective 89 Indrajit Dube 6 Executory contracts in insolvency: The New Zealand perspective 103 Scott Abel 7 Executory contracts in insolvency: The Singaporean Perspective 119 Lee Zheng Hui Sean 8 Executory contracts in insolvency: The US perspective 142 Roberta Righi and Jessica Winters PART II NORDIC/BALTIC SYSTEMS 9 Executory contracts in insolvency: The Danish perspective 161 Line Herman Langkjaer 10 Executory contracts in insolvency: The Finnish perspective 178 Jarmo Tuomist 11 Executory contracts in insolvency: The Lithuanian perspective 193 Frank Heemann and Andrius Juškys PART III CIVIL LAW SYSTEMS 12 Executory contracts in insolvency: The Albanian perspective 213 Gelanda Shkurtaj 13 Executory contracts in insolvency: The Argentinian perspective 228 H.ctor Jos. Miguens 14 Executory contracts in insolvency: The Austrian perspective 247 Felix Kernbichler 15 Executory contracts in insolvency: The Chinese perspective 265 Yingxiang Long and Rebecca Parry 16 Executory contracts in insolvency: The Croatian perspective 284 Jasnica Garašić and Siniša Petrović 17 Executory contracts in insolvency: The French perspective 310 Emilie Ghio 18 Executory contracts in insolvency: The German perspective 328 David Christoph Ehmke and Annika Wolf 19 Executory contracts in insolvency: The Greek perspective 348 Loukas Panetsos 20 Executory contracts in insolvency: The Italian perspective 363 Rolandino Guidotti 21 Executory contracts in insolvency: The Japanese perspective 385 Chun Jin and Stacey Steele 22 Executory contracts in insolvency: The Dutch perspective 402 Marco Verdonk and Rolef de Weijs 23 Executory contracts in insolvency: The Panamanian perspective 422 Jos. Maria Lezcano Navarro 24 Executory contracts in insolvency: The Russian perspective 440 Dmitry Konstantinov 25 Executory contracts in insolvency: The Slovenian perspective 455 Katja Zdolšek 26 Executory contracts in insolvency: The South Korean perspective 471 Chiyong Rim 27 Executory contracts in insolvency: The Spanish perspective 491 Jos. Carles and Carlos Cuesta 28 Executory contracts in insolvency: The Turkish perspective 508 Çağlar Kaçar PART IV HYBRID OR MIXED SYSTEMS 29 Executory contracts in insolvency: The Canadian perspective 522 Alfonso Nocilla 30 Executory contracts in insolvency: The South African perspective 538 Clement Marumoagae 31 Executory contracts in insolvency: The United Arab Emirates and its free zones 557 Christian Chamorro-Courtland
