Enforcing reservation of title in insolvency proceedings: jurisdiction, law applicable and recognition of judgments

When the parties to a sale contract have agreed that the seller shall remain the owner of the goods until the full payment of the price, problems may arise if later on the buyer becomes insolvent. In the cross-border perspective, such situation involves the competence of more legal orders, both as to jurisdiction and as to law applicable. This report analyses the problems that may arise in a dispute concerning the enforcement of a reservation of property clause: determination of the proper jurisdiction; applicable law; recognition and enforcement of judgments.