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EXECUTORY CONTRACTS IN INSOLVENCY LAW

A Global Guide

JASON CHUAH, EUGENIO VACCARI

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
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Chapter 3: NATIONAL REPORT FOR ARGENTINA

Héctor José Miguens

Extract

This chapter investigates the treatment of executory contracts under Argentinian law. It discusses with reference to the specific contracts and the procedures (acuerdo preventivo extrajudicial, concurso preventivo and quiebra) mentioned in the law how and to what extent their treatment differs from the residual rule included in s. 159 of the Insolvency Act. This chapter highlights that to date, regulatory reforms have paid little consideration to international trends in the insolvency sector. Nevertheless, to improve the effectiveness and efficiency of the system, future reforms should draw inspirations from established best practices from neighbouring jurisdictions and from the United States.

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