Dissertation

Regres bij concernfinanciering

On 20 februari 2019, Chris van Oostrum defended his thesis 'Regres bij concernfinanciering'. The doctoral research was supervised by Prof. mr. S.M. Bartman.

Author

Chris van Oostrum

Date

20 February 2019

Links

Leiden Repository

For financing their business activities, companies usually raise debt from a bank. The latter generally requires joint and several liability of all group companies for the group credit granted, so that they can hold each of the group companies separately liable for this. When the company gets into financial difficulties, there is a risk that the bank will end lending. In this case, the bank may also proceed to appeal to one of the joint and several debtors for the total debt. If the debtor addressed pays more than his share in the debt, then this debtor has a recourse claim against his joint and several debtors.

There is a lack of clarity in the literature and in practice about the way in which the joint and several debtor's share in the joint and several debt must be determined. As a result of case law, the question has also arisen to what extent recourse-influencing provisions produce the effect sought by the bank.

This dissertation is about this "recourse problem." In this study, from the comparative perspective of the law, research was conducted into the nature and effect of recourse law with regard to corporate financing and proposals were made for mitigating the problem. The research provides insight into the development of the recourse debate and into the underlying structures of the problem.