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Legal Developments worldwide

Shipping & Transport - Netherlands

March 2012 - Transport. Legal Developments by AKD.

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Attaching maritime assets in insolvency

In most jurisdictions, under the universal approach to cross-border insolvencies a mortgagee cannot enforce a mortgage without the consent of the administrator. However, the Netherlands is an exception in this regard, and allows a mortgagee to enforce mortgages even if the debtor is insolvent.


Reproduced with permission from International Law Office. This article was first published on the website

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