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

Insolvenz und Sanierung

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