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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 10: NATIONAL REPORT FOR DENMARK

Line Herman Langkjaer

Extract

Contracts are potentially the most valuable assets in a business. Not only can a contract potentially represent a direct monetary value, but it can also be of such importance to the debtor’s ongoing business that termination of the contract will lead to a decrease of the value of the business as such. To ensure the value in times of insolvency, a fairly complex legal framework regarding the treatment of contracts is set up in the Danish Bankruptcy Act. This chapter observes that the treatment of executory contracts in Danish insolvency law is based on a balance between the interest of the collective creditor interest and the interest of the counter party. Recent reforms appear to favour the interest of the estate by granting rights for the estate that the debtor did not have beforehand to maximize the recovery rate for the creditors and to make a rescue of a viable business possible.

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