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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 20: NATIONAL REPORT FOR SLOVENIA

Katja Zdolšek

Extract

This chapter analyses the treatment of executory contracts under Slovenian corporate insolvency law. After a brief introduction on the procedures available to a business in distress in that country, the report describes the rules applicable to executory contracts in formal insolvency procedures. The Slovenian Insolvency Act contains certain special provisions concerning the treatment of executory contracts. These provisions form a special regime and exempt the executory contracts from the general treatment of claims in insolvency proceedings. These provisions are covered in this report, alongside with the enforceability of remedies agreed by the parties in solvent times (such as ipso facto clauses in commercial contracts). The chapter includes a final section on recent and prospective reforms of the existing law. It can be concluded that the main drivers of the recent reforms of Slovenian insolvency legislation seem to be the efforts to improve the effectiveness and efficiency of insolvency proceedings to the benefit of the economy. The legislator has displayed a clear preference for financial restructuring and preservation of viable businesses over dissolving the companies in bankruptcy proceedings.

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