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Journal article

The promise and perils of regulating ipso facto clauses

Abstract:

It is common for contracts to include a clause that provides that on an event of default the counterparty has an unconditional right to terminate the contract or accelerate payment (an ipso facto clause). The regulation of ipso facto clauses has become a topic of debate in recent years with a number of jurisdictions introducing constraints on such clauses as part of broader restructuring reform packages. These jurisdictions include Germany in 2021 (as part of its implementation of the EU Rest...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1002/iir.1446

Authors


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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
Merton College
Role:
Author
Publisher:
Wiley Publisher's website
Journal:
International Insolvency Review Journal website
Volume:
31
Issue:
1
Pages:
45-80
Publication date:
2021-12-13
Acceptance date:
2021-11-25
DOI:
EISSN:
1556-5068
Language:
English
Keywords:
Pubs id:
1224153
Local pid:
pubs:1224153
Deposit date:
2021-12-13

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