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Retention of Title in and out of Insolvency
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Synopsis
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. New & Used
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What Reviewers Are Saying
PRACTICAL GUIDANCE ON RETENTION OF TITLE AND INSOLVENCY IN ALMOST 30 COUNTRIES
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
When a nation’s economy – any nation -- is fundamentally dependent on trade, which means the buying and selling of goods, the pressing need for this new publication becomes glaringly self-evident. Recently published by Globe Law and Business, “Retention of Title in and out of Insolvency” is particularly useful for exporters as it answers a number of questions relating to matters of obligation and payment in the event of insolvency.
Say, for example, that you are a manufacturer or wholesale supplier who has sold goods to a company or individual who has become insolvent. By what mechanisms can you be paid? Or can you retain or repossess the goods if your customer doesn’t pay?
Obviously, there is no one answer, or easy answer. These and related queries involve all sorts of complications, which are complicated further when dealing with an insolvent, or an un-cooperative customer in an overseas jurisdiction, especially when it is apparent that insolvencies are on the increase everywhere.
If you find yourself in predicaments like this from time to time, here at last is a book which contains most or all of the advice and information you need, with specific reference to almost thirty countries worldwide.
From Australia, Austria, Belgium, Canada and China, to Switzerland, Turkey, the United Kingdom and the USA, all the world’s major business communities are discussed in alphabetical order with respect to the relevant legal issues pertaining to retention of title in each jurisdiction.
Each chapter – one for each country – is written by experts from top law firms in each jurisdiction. Their impressive range of qualifications and experience is detailed in the ‘About the Authors’ section of the book.
Commenting on retention of title issues in United Kingdom, based on the law of England and Wales, is Tim Titchen of Gately plc. This chapter alone provides valuable assistance to UK readers in such matters, as -- to cite only a few examples -- effect of partial payment of the purchase price… the pitfalls and possible solutions to problems involved in enforcement of retention of title… and of course, much more.
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… and under what circumstances.
The book of course, comes with a caveat which states in part that it is a general guide only and that legal advice should always be sought before taking any action based on the information provided.
The information provided however, makes this book a valuable source of practical, accessible and informed guidance for any number of professionals, from corporate lawyers and insolvency practitioners to virtually anyone involved in the legal aspects of national and international business.
The publication date is cited as at 2015.
An appreciation
When a nation’s economy – any nation -- is fundamentall
Say, for example, that you are a manufacturer
Obviously, there is no one answer, or easy answer. These and related queries involve all sorts of complication
If you find yourself in predicaments
From Australia, Austria, Belgium, Canada and China, to Switzerland,
Each chapter – one for each country – is written by experts from top law firms in each jurisdiction
Commenting on retention of title issues in United Kingdom, based on the law of England and Wales, is Tim Titchen of Gately plc. This chapter alone provides valuable assistance to UK readers in such matters, as -- to cite only a few examples -- effect of partial payment of the purchase price… the pitfalls and possible solutions to problems involved in enforcement of retention of title… and of course, much more.
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… and under what circumstance
The book of course, comes with a caveat which states in part that it is a general guide only and that legal advice should always be sought before taking any action based on the information provided.
The information provided however, makes this book a valuable source of practical, accessible and informed guidance for any number of professional
The publication date is cited as at 2015.
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 *