No express withdrawal from purchase of goods contracts under reservation of title

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Insolvency lawyers frequently encounter problems in relation to goods that are purchased under a reservation of title and the assertion of resulting rights to separate these goods from the debtor´s estate. In particular, the obligation to provide notice of withdrawal from the contract regularly raises issues. A recent Supreme Court case demonstrates that the absence of an express notice of withdrawal can also be problematic.

ILO Newsletter, June 26, 2015

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Author

Alexander Isola
M.C.J. (NYU) | Dr.iur. (University of Graz) | Partner
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