The compostition of the debtor's estate on insolvency

a comparative study of exemptions

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Abstract

This article examines one aspect of the issue of the composition of the debtor's estate on insolvency, namely the exemption of certain assets from the debtor's estate. It sets out the responses to a questionnaire completed by leading scholars in selected jurisdictions (Australia, Canada, France, Italy, New Zealand, South Africa, The Netherlands and the USA) on the exemptions available in those jurisdictions, makes preliminary observations on those responses, considers the prospects for harmonisation of this area of law in the light of those observations and puts forward some tentative proposals for the development of model provisions and/or legislative principles in the area of exemptions for comment and discussion. Copyright © 2011 John Wiley & Sons, Ltd.
Original languageEnglish
Pages (from-to)29-55
Number of pages27
JournalInternational Insolvency Review
Volume20
Issue number1
Early online date8 Feb 2011
DOIs
Publication statusPublished - 2011

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insolvency
exemption
jurisdiction
harmonization
New Zealand
assets
Italy
Netherlands
France
Canada
Law
questionnaire
Comparative study
Insolvency
Exemption
Jurisdiction

Cite this

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title = "The compostition of the debtor's estate on insolvency: a comparative study of exemptions",
abstract = "This article examines one aspect of the issue of the composition of the debtor's estate on insolvency, namely the exemption of certain assets from the debtor's estate. It sets out the responses to a questionnaire completed by leading scholars in selected jurisdictions (Australia, Canada, France, Italy, New Zealand, South Africa, The Netherlands and the USA) on the exemptions available in those jurisdictions, makes preliminary observations on those responses, considers the prospects for harmonisation of this area of law in the light of those observations and puts forward some tentative proposals for the development of model provisions and/or legislative principles in the area of exemptions for comment and discussion. Copyright {\circledC} 2011 John Wiley & Sons, Ltd.",
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