The Normative and Jural Meanings of the Anti-Deprivation Principle Vis-à-Vis Freedom of Contract. / Vaccari, Eugenio.

In: International Insolvency Review, 16.07.2021.

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The Normative and Jural Meanings of the Anti-Deprivation Principle Vis-à-Vis Freedom of Contract. / Vaccari, Eugenio.

In: International Insolvency Review, 16.07.2021.

Research output: Contribution to journalArticlepeer-review

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@article{cdf12da22e604997aa28bad8d58c9217,
title = "The Normative and Jural Meanings of the Anti-Deprivation Principle Vis-{\`a}-Vis Freedom of Contract",
abstract = "Contracts and clauses negotiated by the parties with the objective purpose of depriving the debtor of assets upon insolvency contravene the collective, mandatory nature of insolvency procedures and, as a result, the anti-deprivation principle. This paper provides a theoretical conceptualisation of the normative meaning of the anti-deprivation principle by marking its separation from the principle of freedom of contract. If willingly and consistently applied by courts, this conceptualisation has the potential of providing enhanced predictability on the use of the anti-deprivation principle in insolvency cases.",
keywords = "Anti-Deprivation Principle, Freedom of Contract, Corporate Insolvency, Commercial Contracts, Ipso Facto Clauses",
author = "Eugenio Vaccari",
year = "2021",
month = jul,
day = "16",
language = "English",
journal = "International Insolvency Review",
issn = "1099-1107",
publisher = "John Wiley and Sons Ltd",

}

RIS

TY - JOUR

T1 - The Normative and Jural Meanings of the Anti-Deprivation Principle Vis-à-Vis Freedom of Contract

AU - Vaccari, Eugenio

PY - 2021/7/16

Y1 - 2021/7/16

N2 - Contracts and clauses negotiated by the parties with the objective purpose of depriving the debtor of assets upon insolvency contravene the collective, mandatory nature of insolvency procedures and, as a result, the anti-deprivation principle. This paper provides a theoretical conceptualisation of the normative meaning of the anti-deprivation principle by marking its separation from the principle of freedom of contract. If willingly and consistently applied by courts, this conceptualisation has the potential of providing enhanced predictability on the use of the anti-deprivation principle in insolvency cases.

AB - Contracts and clauses negotiated by the parties with the objective purpose of depriving the debtor of assets upon insolvency contravene the collective, mandatory nature of insolvency procedures and, as a result, the anti-deprivation principle. This paper provides a theoretical conceptualisation of the normative meaning of the anti-deprivation principle by marking its separation from the principle of freedom of contract. If willingly and consistently applied by courts, this conceptualisation has the potential of providing enhanced predictability on the use of the anti-deprivation principle in insolvency cases.

KW - Anti-Deprivation Principle

KW - Freedom of Contract

KW - Corporate Insolvency

KW - Commercial Contracts

KW - Ipso Facto Clauses

M3 - Article

JO - International Insolvency Review

JF - International Insolvency Review

SN - 1099-1107

ER -