De overeenkomst in het insolventierecht

PhD ceremony: Mr. T.T. van Zanten, 11.00 uur, Academiegebouw, Broerstraat 5, Groningen

Dissertation: De overeenkomst in het insolventierecht

Promotor(s): prof. F.M.J. Verstijlen

Faculty: Law

Contracts play an increasingly important role in modern businesses. The value of a business is frequently determined in large part by the network of contracts to which it is a party. Examples are contracts with suppliers, customers, lenders and employees, as well as lease and licensing contracts. The fate of these contracts during insolvency proceedings is often decisive for whether value can be realized and the business continued. What factors determine whether the bankruptcy trustee will choose to perform a contract? What is the position of the counterparty if the trustee chooses to do so? Can the counterparty condition its performance on the payment of outstanding invoices? What happens if the counterparty is not dependent on the trustee for performance? For example, where a landlord is bankrupt, can the trustee deprive the tenant of his/its rights under the tenancy? What is the counterparty's position if the trustee is unwilling to perform the contract? Can all of the clauses in the bankrupt's contracts be invoked against the creditors as a group? Can the trustee take advantage of the amount still available under a line of credit? To what extent is the trustee bound by contracts and clauses from which no obligations arise? Van Zanten discusses these and many other important questions regarding the treatment of contracts in insolvency law.