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.

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

Australia

Ian Walker
Minter Ellison

Austria

Arno Brauneis
Maria Vertesich
Brauneis Klauser Prändl

Belgium

Yves Lenders
Tom Reingraber
Lydian

Canada

Kelby Carter
Jennifer Stam
Gowling Lafleur Henderson LLP

China

Kelly Bai
Rogier van Bijnen
R&P China Lawyers

Czech Republic

Ernst Giese
Veronika Strizova
Giese & Partner

Denmark

Carsten Ceutz
Bech-Bruun

Finland

Pekka Jaatinen
Elina Pesonen
Christer Svartström
Castrén & Snellman

France

Amélie Dorst
Anja Droege Gagnier
BMH Avocats

Germany

Thomas Nicht
Kirsten Schümann-Kleber
GÖRG Partnerschaft von Rechtsanwälten mbB

Greece

Constantinos N Klissouras
Christina K Papachristopoulou
KP Law Firm

Hungary

Attila Jákói
Sándor Németh
Szecskay Attorneys at Law

Ireland

Frank Flanagan
Mason Hayes & Curran

Israel

Yuval Horn
Assaf Unger
Horn & Co, Law Offices

Italy

Elisabetta Caccavella
Legance Avvocati Associati

Japan

Tomohiro Murakami
Nishimura & Asahi

Luxembourg

Paulo Lopes Da Silva
Chan Park
MOLITOR

Netherlands

Marcel Willems
Kennedy Van der Laan NV

Poland

Jan Kieszczyn´ski
Michał Kocur
Kocur & Partners

Portugal

Miguel de Avillez Pereira
Tiago Castanheira Marques
Filipe Portela do Valle
Abreu Advogados

Russia

Evgenia Evdokimova
Sergey Strembelev
Egorov Puginsky Afanasiev & Partners

South Africa

Hans Klopper
Independent Advisory (Pty) Limited

South Korea

Sang Jin Ahn
Hai Jin Park
Steve Sunghwa Song
Kim & Chang

Spain

Agustín Bou
Jausas Legal

Switzerland

Benedict F Christ
David Jenny
Vischer AG

Turkey

N Can Artüz
E Sevi Fırat
Fırat-Izgi Attorney Partnership

United Kingdom

Ken Titchen
Gateley Plc

United States of America

Steven L Harris
Chicago-Kent College of Law, Illinois Institute of Technology