Overview

Suppliers of goods tend to think that they have strong rights if they retain ownership of delivered goods until the purchase price has been fully paid, because disputes involving non-payment can supposedly be solved fairly easily by claiming payment in court or repossessing the goods. However, things may get difficult for the supplier if a purchaser is in possession of the goods but then becomes insolvent. Over the past decade the number of insolvencies has increased dramatically, and their complexity has also increased. Particularly when foreign jurisdictions come into play, it may turn out that a supplier’s rights are weaker than it thought. For instance, has the supplier really retained title to the goods, or can the liquidator dispose of them and take the money? Or if the supplier believes it has sound retention of title in its home country, does that still apply when goods are delivered to a purchaser abroad? And when the retention of title is valid, how can the supplier actually repossess goods if the purchaser defaults and is uncooperative? Such questions need answers, and this publication provides a practical overview of the most relevant legal issues concerning retention of title in more than 30 of the most important business nations globally. It provides guidance to manufacturers and suppliers of goods, insolvency practitioners and their attorneys for promoting a better understanding of retention of title and the effects of insolvency. So whether you are a lawyer, insolvency practitioner or general counsel in an international business, this commercially focused guide will provide practical insight into the relevant legal issues.

Full Product Details

Author:   Marcel Willems (International Bar Association) ,  Mark Kendall
Publisher:   Globe Law and Business Ltd
Imprint:   Globe Law and Business Ltd
Dimensions:   Width: 16.00cm , Height: 2.80cm , Length: 24.00cm
Weight:   0.740kg
ISBN:  

9781909416796

ISBN 10:   1909416797
Pages:   383
Publication Date:   01 December 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock  
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

Australia 5 Ian Walker Minter Ellison Austria 23 Arno Brauneis Maria Vertesich Brauneis Klauser Prändl Belgium 37 Yves Lenders Tom Reingraber Lydian Canada 47 Kelby Carter Jennifer Stam Gowling Lafleur Henderson LLP China 65 Kelly Bai Rogier van Bijnen R&P China Lawyers Czech Republic 87 Ernst Giese Veronika Strizova Giese & Partner Denmark 99 Carsten Ceutz Bech-Bruun Finland 115 Pekka Jaatinen Elina Pesonen Christer Svartström Castrén & Snellman France 125 Amélie Dorst Anja Droege Gagnier BMH Avocats Germany 137 Thomas Nicht Kirsten Schümann-Kleber GÖRG Partnerschaft von Rechtsanwälten mbB Greece 151 Constantinos N Klissouras Christina K Papachristopoulou KP Law Firm Hungary 165 Attila Jákói Sándor Németh Szecskay Attorneys at Law Ireland 173 Frank Flanagan Mason Hayes & Curran Israel 193 Yuval Horn Assaf Unger Horn & Co, Law Offices Italy 205 Elisabetta Caccavella Legance Avvocati Associati Japan 213 Tomohiro Murakami Nishimura & Asahi Luxembourg 225 Paulo Lopes Da Silva Chan Park MOLITOR Netherlands 237 Marcel Willems Kennedy Van der Laan NV Poland 261 Jan Kieszczyn´ski Michał Kocur Kocur & Partners Portugal 269 Miguel de Avillez Pereira Tiago Castanheira Marques Filipe Portela do Valle Abreu Advogados Russia 279 Evgenia Evdokimova Sergey Strembelev Egorov Puginsky Afanasiev & Partners South Africa 285 Hans Klopper Independent Advisory (Pty) Limited South Korea 301 Sang Jin Ahn Hai Jin Park Steve Sunghwa Song Kim & Chang Spain 311 Agustín Bou Jausas Legal Switzerland 319 Benedict F Christ David Jenny Vischer AG Turkey 327 N Can Artüz E Sevi Fırat Fırat-Izgi Attorney Partnership United Kingdom 335 Ken Titchen Gateley Plc United States of America 353 Steven L Harris Chicago-Kent College of Law, Illinois Institute of Technology About the authors 371

Reviews

Cover to cover, this book is a real time saver for legal researchers who might normally spend hours or days trawling through a range of sources in search of answers to some of the truly thorny problems relating to the question of who retains title to goods in the event of insolvency. -- Phillip Taylor * Richmond Green Chambers * The book makes it possible to get an in-depth overview of the existing opportunities and obstacles in other jurisdictions. It has now become a vital part of cross-border legal work. -- Professor Peter Fissenewert * HWW Rechtsanwalte *

Author Information

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions