Cassatie over omvang aansprakelijkheid van derde-wederpartij bij paulianeuze overdracht
In een recent arrest (zie hier) preciseert het Hof van Cassatie de omvang van aansprakelijkheid gebaseerd op een actio pauliana of pauliaanse rechtsvordering (art. 1167 BW).
Continue reading “De actio pauliana: maakt méér dan ongedaan”
Papers from the INSOL Europe Academic Forum Annual Conference Athens, Greece, 3-4 October 2018
In the recently issued conference proceedings booklet “Party-Autonomy and Third Party Protection in Insolvency Law”, I published a paper called “The Road Towards Good Bankruptcy Governance: A Comparative Law and Economics Perspective”. The paper seeks to start the discussion on the topic of good bankruptcy (or insolvency) governance and to inspire idealistic researchers to become involved in this discussion. Three key aspects of good bankruptcy governance were dealt with in this paper.
First, an attempt was made to define the concept of “good bankruptcy governance”. This was later narrowed down to the following question: “In whose interest should the management of a corporation or insolvency estate act?”. A short comparative analysis of the US, the UK, Belgium and the Netherlands did not provide a clear answer.
However, some room for common ground could be found by Continue reading “The Road Towards Good Bankruptcy Governance: A Comparative Law and Economics Perspective”