{"title":"NATIONAL REPORT FOR THE NETHERLANDS","authors":"M. Verdonk, R. Weijs","doi":"10.4337/9781788115520.00029","DOIUrl":"https://doi.org/10.4337/9781788115520.00029","url":null,"abstract":"","PeriodicalId":348993,"journal":{"name":"Executory Contracts in Insolvency Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124714767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"NATIONAL REPORT FOR AUSTRALIA","authors":"Elizabeth Streten","doi":"10.4337/9781788115520.00032","DOIUrl":"https://doi.org/10.4337/9781788115520.00032","url":null,"abstract":"This chapter considers the treatment of executory contracts upon the default of a debtor company under Australian law and the main factors behind the most recent reforms in the area. \u0000 \u0000Australia’s treatment of executory contracts in insolvency is subject to recent reform in line with the Australian government’s innovation and reform agenda. The reform brings Australian insolvency laws one step closer to resembling international approaches – such as the approach under the United States’ Chapter 11 Bankruptcy Code. \u0000 \u0000The reform is intended to overcome the negative impact of ipso facto clauses on genuine work-out attempts and restructuring measures. It is difficult to assess the full ramifications of the reform at this time. However, it is clear that ipso facto clauses no longer have the same enforceability in Australian insolvency, and Australian businesses will need to re-evaluate their contractual agreements and how they approach doing business.","PeriodicalId":348993,"journal":{"name":"Executory Contracts in Insolvency Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122742424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"NATIONAL REPORT FOR CHINA","authors":"Y. Long, R. Parry","doi":"10.4337/9781788115520.00014","DOIUrl":"https://doi.org/10.4337/9781788115520.00014","url":null,"abstract":"","PeriodicalId":348993,"journal":{"name":"Executory Contracts in Insolvency Law","volume":"120 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131913598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"NATIONAL REPORT FOR ENGLAND AND WALES","authors":"E. Vaccari","doi":"10.4337/9781788115520.00034","DOIUrl":"https://doi.org/10.4337/9781788115520.00034","url":null,"abstract":"This report forms part of a global study undertaking an international comparison of the treatment of executory contracts in the context of insolvency. The introduction covers the history of insolvency law in England and Wales and a description of the procedures available to distressed companies. Section C describes the treatment of executory contracts under the law. It explores if and to what extent it has changed over time and whether their treatment is consistent with the pivotal principles of the common law in regards to contracts: party autonomy, freedom of contract and legal predictability. These principles also undergird the English corporate insolvency framework. Section D extends this consistency exercise to recent reforms of the treatment of these clauses. The final section concludes by observing that the proposed changes to the treatment of executory contracts and termination clauses does not go as far as to reverse the long-established principles that underpin the English corporate and insolvency framework.","PeriodicalId":348993,"journal":{"name":"Executory Contracts in Insolvency Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132047868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A THEMATIC AND COMPARATIVE CRITIQUE","authors":"J. Chuah","doi":"10.4337/9781788115520.00006","DOIUrl":"https://doi.org/10.4337/9781788115520.00006","url":null,"abstract":"This peer-reviewed and edited collection of chapters sets out to detail and analyse how the different national insolvency law systems treat the matter of executory contracts. When a business becomes insolvent, that does not necessarily bring an end to the contracts that business had previously entered into but are pending performance. While the subject matter is not new, more and more jurisdictions are having to continue to evolve and reform their legal responses to the subject matter in the light of the practical and conceptual difficulties a less than flexible approach throws up. There are no easy solutions, it would appear.","PeriodicalId":348993,"journal":{"name":"Executory Contracts in Insolvency Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132353184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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