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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Treatment of Contracts in Insolvency

Edited by: Dennis Faber, Niels Vermunt, Jason Kilborn, Kathleen van der Linde

ISBN13: 9780199668366
Published: October 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £212.50

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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.

Contract Law, Insolvency Law
1. National Report for Australia
2. National Report for Belgium
3. National Report for Brazil
4. National Report for Cameroon
5. National Report for Canada
6. National Report for the People's Republic of China
7. National Report for Czech Republic
8. National Report for England
9. National Report for France
10. National Report for Germany
11. National Report for Israel
12. National Report for Mexico
13. National Report for the Netherlands
14. National Report for Poland
15. National Report for South Africa
16. National Report for the Republic of Korea (South Korea)
17. National Report for Spain
18. National Report for Sweden
19. National Report for Tanzania
20. National Report for the United States

Series: Oxford International & Comparative Insolvency Law

Ranking and Priority of Creditors ISBN 9780198727293
Published February 2016
Oxford University Press
Treatment of Contracts in Insolvency (eBook) ISBN 9780191645518
Published October 2013
Oxford University Press
£177.08 + £35.42 VAT
Commencement of Insolvency Proceedings (eBook) ISBN 9780191630910
Published March 2012
Oxford University Press
£195.83 + £39.17 VAT
Commencement of Insolvency Proceedings ISBN 9780199644223
Published March 2012
Oxford University Press