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Insolvency treatment of retention of title arrangements in cross-border transactions

Research output: Chapter in Book/Report/Conference proceedingChapter

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Insolvency treatment of retention of title arrangements in cross-border transactions. / Schillig, Michael.

Research Handbook on International and Comparative Sale of Goods Law. ed. / Djakhongir Saidov. Edward Elgar Publishing Ltd, 2019. p. 376.

Research output: Chapter in Book/Report/Conference proceedingChapter

Harvard

Schillig, M 2019, Insolvency treatment of retention of title arrangements in cross-border transactions. in D Saidov (ed.), Research Handbook on International and Comparative Sale of Goods Law. Edward Elgar Publishing Ltd, pp. 376. https://doi.org/10.4337/9781786436153.00027

APA

Schillig, M. (2019). Insolvency treatment of retention of title arrangements in cross-border transactions. In D. Saidov (Ed.), Research Handbook on International and Comparative Sale of Goods Law (pp. 376). Edward Elgar Publishing Ltd. https://doi.org/10.4337/9781786436153.00027

Vancouver

Schillig M. Insolvency treatment of retention of title arrangements in cross-border transactions. In Saidov D, editor, Research Handbook on International and Comparative Sale of Goods Law. Edward Elgar Publishing Ltd. 2019. p. 376 https://doi.org/10.4337/9781786436153.00027

Author

Schillig, Michael. / Insolvency treatment of retention of title arrangements in cross-border transactions. Research Handbook on International and Comparative Sale of Goods Law. editor / Djakhongir Saidov. Edward Elgar Publishing Ltd, 2019. pp. 376

Bibtex Download

@inbook{61e256b517204962aed647595aa770cd,
title = "Insolvency treatment of retention of title arrangements in cross-border transactions",
abstract = "Since Professor Robin Morse{\textquoteright}s seminal article on {\textquoteleft}Retention of Title in English Private International Law{\textquoteright} the regulatory landscape has changed considerably. The conflict of laws rules applicable to contractual and non-contractual obligations have been unified within the European Union pursuant to the Rome I and Rome II Regulations. The EU Insolvency Regulation provides a framework for the applicable insolvency law, also affecting retention of title clauses. These clauses are used widely in intra-Union trade and beyond, yet the treatment these clauses receive in different jurisdictions varies significantly. Under English law, the recent decisions in Wilson v Holt and in The Res Cogitans have introduced further uncertainty into an area of law that has been characterised as {\textquoteleft}a maze if not a minefield{\textquoteright}. Moreover, when Brexit takes effect the legal landscape may change again. This chapter demonstrates the complexity that even simple transactions may give rise to in the cross-border insolvency context. It considers both the substantive law and the relevant conflicts of law rules in England and Germany.",
author = "Michael Schillig",
year = "2019",
month = sep,
day = "27",
doi = "https://doi.org/10.4337/9781786436153.00027",
language = "English",
isbn = "9781786436146",
pages = "376",
editor = "Djakhongir Saidov",
booktitle = "Research Handbook on International and Comparative Sale of Goods Law",
publisher = "Edward Elgar Publishing Ltd",

}

RIS (suitable for import to EndNote) Download

TY - CHAP

T1 - Insolvency treatment of retention of title arrangements in cross-border transactions

AU - Schillig, Michael

PY - 2019/9/27

Y1 - 2019/9/27

N2 - Since Professor Robin Morse’s seminal article on ‘Retention of Title in English Private International Law’ the regulatory landscape has changed considerably. The conflict of laws rules applicable to contractual and non-contractual obligations have been unified within the European Union pursuant to the Rome I and Rome II Regulations. The EU Insolvency Regulation provides a framework for the applicable insolvency law, also affecting retention of title clauses. These clauses are used widely in intra-Union trade and beyond, yet the treatment these clauses receive in different jurisdictions varies significantly. Under English law, the recent decisions in Wilson v Holt and in The Res Cogitans have introduced further uncertainty into an area of law that has been characterised as ‘a maze if not a minefield’. Moreover, when Brexit takes effect the legal landscape may change again. This chapter demonstrates the complexity that even simple transactions may give rise to in the cross-border insolvency context. It considers both the substantive law and the relevant conflicts of law rules in England and Germany.

AB - Since Professor Robin Morse’s seminal article on ‘Retention of Title in English Private International Law’ the regulatory landscape has changed considerably. The conflict of laws rules applicable to contractual and non-contractual obligations have been unified within the European Union pursuant to the Rome I and Rome II Regulations. The EU Insolvency Regulation provides a framework for the applicable insolvency law, also affecting retention of title clauses. These clauses are used widely in intra-Union trade and beyond, yet the treatment these clauses receive in different jurisdictions varies significantly. Under English law, the recent decisions in Wilson v Holt and in The Res Cogitans have introduced further uncertainty into an area of law that has been characterised as ‘a maze if not a minefield’. Moreover, when Brexit takes effect the legal landscape may change again. This chapter demonstrates the complexity that even simple transactions may give rise to in the cross-border insolvency context. It considers both the substantive law and the relevant conflicts of law rules in England and Germany.

U2 - https://doi.org/10.4337/9781786436153.00027

DO - https://doi.org/10.4337/9781786436153.00027

M3 - Chapter

SN - 9781786436146

SP - 376

BT - Research Handbook on International and Comparative Sale of Goods Law

A2 - Saidov, Djakhongir

PB - Edward Elgar Publishing Ltd

ER -

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