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Netherlands Insolvency Law is the first book in the English language covering the Netherlands insolvency law as a whole with a focus on bankruptcy and the most important legal concepts pertaining to bankruptcy. It provides the reader with an understanding of the Netherlands Bankruptcy Act, which is the main source of insolvency law in the Netherlands, by laying out the primary law in an order and manner which is logical and comprehensive.
Where necessary, guidance has been sought in the parliamentary notes and the interpretation of the law in landmark cases. Furthermore, grey areas and divergence of views have been highlighted. Concepts that are covered include actio pauliana, set-off, corporate liability and wrongful act. Pledges and mortgages, being the most important security rights in the Netherlands, are also discussed, as is the EU Insolvency Regulation (2000) and its impact on the Netherlands insolvency practice.
Netherlands Insolvency Law is a practical book for use by internal and external legal counsel, Dutch and non-Dutch companies, students, academics and practitioners alike. Throughout the book summaries are included to highlight key points.;The book is complemented by, inter alia, a Further Reading section, a Bibliography, a Table of Cases and a General Index. `Declercq has successfully managed to strike such a balance that, on the one hand, the book offers the reader more than an average introduction, while on the other hand, it is not weighed down in a quagmire of technical detail.' from the Preface by Professor A.I.M. van Mierlo, Erasmus University Rotterdam