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Retention of title clauses are designed to preserve the right of sellers to their goods, often until the purchase price is paid in full, and are frequently included in general conditions of sale. In cross-border transactions, it may be particularly hard to know whether a retention of title clause will be enforceable. Retention of title is embedded in national or property law, as well as security and insolvency law, making it exceedingly difficult to harmonize.
Following upon the success of the previous editions, ICC is pleased to present the third edition of the Retention of Title: A practical ICC guide to legislation in 37 countries, a collection of entries drafted by local experts on the rules governing retention of title in their respective jurisdictions.
The guide gives a general overview of the legal framework in each of the countries, with a description of the applicable legal rules.
It will help parties understand whether the recourse to RT as a tool for protecting the seller in case of non-payment may be an appropriate solution with respect to a given country.
It provides a number of sample clauses, which are helpful for understanding the usual practice in the respective country.
Countries included in the book:
Austria, Belgium, Brazil, China, Colombia, Croatia, Czech Republic, Denmark, Finland, France, Georgia, Germany, Greece, Guatemala, Hong Kong, Hungary, Ireland, Israel, Italy, Luxembourg, Malaysia, Mexico, Nigeria, Pakistan, Poland, Portugal, Qatar, Russia, Serbia, Slovenia, Spain, Sweden, Thailand, Turkey, UK, and USA.
Additional countries may be added over time and will be made available to purchasers of this digital publication.
The country reports have been prepared on the basis of a questionnaire evidencing mainly the following issues: Retention of Title 13 Introduction
Rules governing RT, if any, and their characteristics
Effects of RT on transfer of risk
Formal requirements for validity of the RT clause
Effectiveness: – with respect to third parties who have acquired the goods; – in case of goods transformed
Enforcement against the buyer
Bankruptcy of the buyer—Interaction with RT
Model clauses— Drafting tips