Modelling as a Tool for Cross‐border Analysis of the Position of Insolvency Office Holders

• DOI: http://doi.org/10.1002/iir.1259
• Author: Iris Wuisman,Bernard Santen,Jan Adriaanse
• Published date: 01 December 2016
• Date: 01 December 2016

Modelling as a Tool for Cross-border Analysis

of the Position of Insolvency Office Holders

Bernard Santen

1

*, Jan Adriaanse

2

and Iris Wuisman

3

1

Until 1 November 2015 Senior Researcher, Department of Business Studies, Leiden Law School, Leiden,

The Netherlands

2

Professor of Turnaround management, Leiden Law School, Leiden, The Netherlands

3

Professor of Company Law, Leiden Law School, Leiden, The Netherlands

Abstract

This paper presents a framework and a model applied to make a cross-border

analysis of the position of Insolvency Office Holders. Both the framework and

the model were developed in the course of an assignment to design Principles

and Best Practices for Insolvency Office Holders for INSOL Europe. The

framework is developed by induction from a variety of sources of rules and

regulations regarding Insolvency Office Holders, while the model subsequently

has been derived by deduction from the framework. Finally, the paper shows how

this method assisted in determining the issues to be covered by Principles and Best

Practices. The authors argue that commencing international legal comparison with

abstract reasoning and modelling may lessen the effect of researcher’s academic or

professional blind spots and cultural bias and has the potential to enhance the value

of cross-border analysis in terms of coherence, consistency and completeness.

Copyright © 2016 INSOL International and John Wiley & Sons, Ltd.

1. Introduction

Early 2013 INSOL Europe

1

commissioned a project to develop a Statement of

Principles and Best Practices for Insolvency Office Holders (‘IOHs’)

2

in Europe

*E-mail: bernard@santenonline.nl

1. The authors would like to express their gratitude to the INSOL

Europe organisation for having commissioned the project to them.

Their gratitude concerns as well a great number of INSOL

Europe members and others who have been seated in the Review

& Advisory Group and the Academic Committee to the project

for their continuous support and cooperation. See for the project

reports: www.tri-leiden.eu, button Insolvency Office Holders

Project and for the names of the people involved pages 3 and 5

of each of the reports.

2. The neutral concept of the Insolvency Office Holder to depict

numerous different descriptions of approximately the same

profession in various countries was coined by the EBRD 2007

study: EBRD Insolvency Office Holder Principles,EBRD

Principles in Respect of the Qualifications,Appointment,

Conduct,Supervision,and Regulation of Office Holders in

Insolvency Cases, available on the EBRD website.

Copyright © 2016 INSOL International and John Wiley & Sons, Ltd Int. Insolv. Rev., Vol. 25: 167–178 (2016)

Published online 20 October 2016 in Wiley Online Library

(wileyonlinelibrary.com). DOI: 10.1002/iir.1259