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9 Tilburg Foreign L. Rev. 1 (2001-2002)

handle is hein.journals/tiflr9 and id is 1 raw text is: TILBURG FOREIGN LAW REVIEW VOL.9 CONTENTS NO.1 CIVIL LAW EXECUTION OFFICERS AS A BALANCE WHEEL IN INSOLVENCY CASES The problem under consideration in this article is a conflict arising out of one of the most frequent and universal legal problems: insolvency. Both debtor and creditor enjoy several fundamental, clashing rights. In daily practice, it seems that a balanced equilib- rium between the rights of both is a goal not easily and not always achieved. In this short contribution, Alain Verbeke would like to suggest some reflections in search of obtaining a more satisfying compromise between the interests involved. ALAIN VERBEKE 7 CORPORATE LAW THE NEW AUSTRALIAN TAKEOVER PANEL - THE END OF LEGALISM AND TACTICAL LITIGATION? As part of the Corporate Law Economic Reform Program (CLERP) in Australia, the Corporate Law Economic Reform Program Act 1999 (CLERP Act) was enacted and commenced on 13 March 2000. This Act introduced profound changes to Australian corpo- rate law, affecting amongst others the area of takeovers. This article attempts to ascertain whether the CLERP Act provides an appropri- ate template for an effective and fair Australian takeover regime, free of legalism and tactical litigation. ANTON TRICHARDT AND JEANNE CILLIERS 19