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

Insolvency & Restructuring

ILO Newsletter, 26. Juni 2015

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.


Dr. Alexander Isola

M.C.J. (NYU) Partner