Credible security. Toward effective retention of title clauses

In recent decisions, the Dutch Supreme Court has confirmed the trend to award banks strong security rights against insolvent companies, leaving other creditors empty-handed. The bank?s charge on the entire undertaking usually prevails. Yet suppliers have a legitimate interest in adequate security since their credit is often essential to a company?s business. According to the Court, such creditors ought to look to other modes of security. Paramount among these is the retention of title clause, but this type of security arrangement is currently under-researched. The proposed research will attempt to turn title retention into a predictable and effective security instrument.