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This volume is an empirical analysis of the use of retention of title clauses. It focuses on the work of insolvency practitioners and lawyers in defending and asserting these claims, and examines the negotiating process involved, using this to create a model for out-of-court negotiation and settlement in a commercial context.
This volume investigates the practical application and legal efficacy of retention of title clauses within commercial insolvency proceedings. Author Sally Wheeler, a noted scholar in socio-legal studies, utilizes empirical data gathered from insolvency practitioners and legal professionals to analyze how these clauses function in real-world disputes. The text presents a framework for understanding the negotiation dynamics between creditors and debtors, ultimately proposing a model for out-of-court settlements that minimizes litigation costs.
What You Will Find
Legal scholars and practitioners frequently cite this work for its rare empirical approach to a traditionally theoretical area of commercial law. Experts highlight the text as a foundational resource for understanding the practical realities of insolvency practice and the strategic use of title retention clauses.
Page Count:
240
Publication Date:
1992-02-13
Publisher:
Clarendon Press
ISBN-10:
0198257376
ISBN-13:
9780198257370
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