Executory Contracts in Insolvency Law: A Global Guide 2nd ed

Edited by: Jason Chuah, Eugenio Vaccari

ISBN: 9781803923413

Published: April 2023

Format: Hardback

Language: English

Publisher: Edward Elgar Publishing Limited

Description

Executory 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.

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.

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

Coverage

Organised into four comparative groupings, this second edition surveys more than 30 jurisdictions:

• Common Law Systems: Australia, Bangladesh, England, India, New Zealand, Singapore, United States
• Nordic/Baltic Systems: Denmark, Finland, Lithuania
• Civil Law Systems: Albania, Argentina, Austria, China, Croatia, France, Germany, Greece, Italy, Japan, the Netherlands, Panama, Russia, Slovenia, South Korea, Spain, Turkey
• Hybrid or Mixed Systems: Canada, South Africa, United Arab Emirates

About the Editors

Jason Chuah and Eugenio Vaccari lead a team of more than 40 insolvency law specialists from around the world, drawing on extensive practical and scholarly experience to compare how different legal systems treat executory contracts on the insolvency of a contracting party.

Table of Contents

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

Why buy this book?

Insolvency practitioners, restructuring lawyers and academic law libraries rarely have a single reference that compares how executory contracts are treated across common law, civil law, Nordic/Baltic and hybrid jurisdictions in one volume. This second edition brings together 40+ contributors covering 30+ jurisdictions, updates every chapter, adds a new chapter on South Korea, and incorporates the economic impact of COVID-19 on insolvency practice — making it a standing cross-border reference rather than a single-jurisdiction text.

Keywords

executory contracts, insolvency law, ipso facto clauses, cross-border insolvency, comparative insolvency law, restructuring, contract law, international commercial law

Target Audience

Insolvency practitioners, restructuring lawyers, academic law libraries, legal researchers, policymakers, banking and finance lawyers

Genre

Law, International Law, Insolvency Law, Commercial Law

Frequently Asked Questions

Q: What does Executory Contracts in Insolvency Law cover?
A: It provides a comparative, jurisdiction-by-jurisdiction analysis of how executory contracts and ipso facto clauses are treated when a contracting party becomes insolvent, across more than 30 countries.

Q: How does insolvency law treat ipso facto clauses internationally?
A: Treatment varies significantly by jurisdiction; this book compares the approaches taken in common law, civil law, Nordic/Baltic and hybrid legal systems in a single reference.

Q: Is this edition updated to reflect COVID-19-related insolvency reforms?
A: Yes, the second edition considers the economic impact of the COVID-19 pandemic on insolvency practice and recent legislative reforms.

Q: Who are the editors of this book?
A: The book is edited by Jason Chuah and Eugenio Vaccari, with contributions from more than 40 insolvency law experts worldwide.

Q: Where can I buy Executory Contracts in Insolvency Law?
A: You can order it directly from CLNZ Books at clnzbooks.com, with worldwide shipping included.

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