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International Corporate Insolvency Law (6 ECTS)

Lecturer(s): Prof. Dr M.L. Lennarts

When: Block 3

Brief course description: 
The first aim of this module is to provide students with knowledge of and insight into the foundations and key issues of corporate insolvency law in several legal systems (e.g. the systems of the Netherlands, the United Kingdom and the United States of America). The module’s second aim is for students to gain knowledge of and insight into legal aspects of cross-border corporate insolvencies. In this way the module aims to prepare students for a career as a lawyer dealing with (cross-border) financing and restructuring of insolvent businesses. The module is taught during seven weeks. Each week consists of a traditional lecture in which the lecturer offers insight into a particular topic and as well as a class meeting which takes the form of a dialogue. For the second meeting, the students will be required to study additional materials relating to current developments and they will have to prepare for an in-class discussion. The module starts with a week in which principles of corporate insolvency law that are common to most legal systems are discussed. In the following two weeks the corporate insolvency law systems of The Netherlands and the United States of America will be discussed and compared. The latest trends in the reorganisation of insolvent companies in both systems will be dealt with. In the next two weeks, the focus will be on two specific topics of corporate insolvency law that pop up invariably in the process of restructuring of insolvent companies: the avoidance of transactions and directors’ liability in the event of insolvency of the company. The relevant laws of various countries will be discussed and compared. The module ends with classes on aspects of cross-border corporate insolvencies. In these classes the EC Regulation on insolvency proceedings and the Uncitral Model Law will be dealt with. Several cross border insolvency cases will be studied and discussed.

Teaching method: Lectures

Assessment: Written exam (essay questions) (digital if possible).

*Official course information and schedules during the academic year can be found in Ocasys.

Last modified:13 August 2018 12.44 p.m.