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Treatment of Executory Contracts in Insolvency Law: A Comparative Study

CICL logo Description of the network that Eugenio created

The cross-border Corporate Insolvency & Commercial Law (CI&CL) Group is a non-profit making collaborative network of scholars, professionals, and industry insiders with research interests in Cross-Border Corporate Insolvency Law and Commercial Law.

We discuss, disseminate and develop research in the above mentioned areas of law. We conduct research into significant, current and emerging issues involving corporate insolvency and commercial law. We organize conferences, seminars, workshops and events to disseminate knowledge, and to explore the impact of new proposals on the economy, the environment and the society.

We welcome proposals to work with us whether as prospective students working on any of our substantive research topics, visiting faculty or as collaborators on specific research projects.

Description of the Project

As part of is activity, CI&CL is promoting a research entitled “Treatment of Executory Contracts in Insolvency Law: A Comparative Study”. This study currently involves researchers from 36 different jurisdictions from all over the world, and all 5 continents. It aims at adopting a genuinely global perspective, which takes due account of all contributors’ various legal traditions.

The treatment of executory contract is particularly controversial in insolvency law. While it is commonly accepted that the terms of a contract cannot be unilaterally modified in solvent times – unless otherwise agreed in the contract itself -, the situation is way more complex when an insolvency procedure is ongoing. Some countries recognize to the debtor wide latitude in reshaping his obligations, while other adopt a more conservative approach.

As a preliminary step, this study’s target is to map the existing rules in the considered jurisdictions. However, the purpose of the research is more ambitious. Every researcher will highlight in their national reports:

  • The main “drivers” of reform in this area of insolvency law (e.g. compliance to international or regional rules or organizations; need to secure international funds or political support; desire to boost national competitiveness and international attractiveness; etc.);
  • The principal supporters of these reforms at national, regional and international level;
  • The main trends (at national level) in the evolution of the treatment of executory contracts and contractual remedies agreed by parties in solvent times.

The intermediate goal of this study is to collect hard evidence on the above-mentioned topics, and to agree on a set of criteria against which discuss the choices operated by policy-makers at national level.

The medium-to-long term purposes are to improve or facilitate the application of the law in the considered countries (national recommendations), and challenge ongoing trends and established policy recommendations by adopting a pro-active approach towards legal reform in the area, not only at national, but also at international level (general guidelines).

Website: http://www.ciclresearch.com/

More about this research

  • The City Law School
  • Status: Completed
  • Topics: insolvency-commercial-law