Abstract
AbstractExecutory contracts raise difficult substantive and procedural questions under insolvency law. This essay tries to point out two prominent phenomena of substantive law concerning the treatment of executory contracts. Ipso facto clauses and licensing agreements will serve as examples in order to find suitable conflict‐of‐law rules in cross‐border insolvencies. So far, there has been no fundamental debate on the application of the lex fori concursus to executory contracts. In recent rulings national courts have, however, refused to apply the lex fori concursus to executory contracts in cross‐border insolvency cases when ipso facto clauses or licensing agreements were involved. This essay pleads against the sole application of the lex fori concursus and critically analyses the concept of the European Insolvency Regulation concerning executory contracts. Copyright © 2018 INSOL International and John Wiley & Sons, Ltd.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
