Retention of title and confusion of goods in insolvency case

Insolvency & Restructuring

ILO Newsletter, 25. Juli 2014

With the sale and delivery of a large quantity of branded goods subject to a larger retail chain´s retention of title clause, confusion often arises over which goods were delivered by the seller at an earlier point and have been paid for and which are still unpaid goods. In insolvency cases, the question of the legal fate of the goods sold under a retention of title clause frequently arises.


Dr. Alexander Isola

M.C.J. (NYU) Partner