Sander Hendrix, part of AKD's Litigation & Insolvency team in Amsterdam, published a book, exploring the possibilities of harmonisation of avoidance rules in insolvency at European Union level by way of a comparative and historical research.
Sander first examines the transaction avoidance rules of the Netherlands and France as they stand after which the divergence (and convergence) between the rules of these states is assessed. In order to examine how this divergence came to be, the most notable developments of the provisions on transaction avoidance in insolvency are mapped out by him. Post-classical Roman law forms the starting point of this research, followed by ancient Dutch and French law. Subsequently, Sander describes the development of the practice of and provisions on transaction avoidance during the age of codification. Lastly, the provisions laid down in modern insolvency laws are touched upon. From the comparative-historical examination, the possibilities to harmonise transaction avoidance provisions are assessed. Finally, these possibilities are checked against the recommendations regarding transaction avoidance provisions of the UNCITRAL Legislative Guide on Insolvency Law.
Click here to read more about the book.