Ferry Ortiz Aldana is working on a dissertation with the working title ‘The Peeters/Gatzen claim’.
It involves a study of the Peeters/Gatzen claim. That is a tort-based action available to a bankruptcy trustee since it was introduced by the Supreme Court in 1983 in the Peeters q.q./Gatzen judgment. Since then, there has been much discussion in the literature about various aspects of the Peeters/Gatzen claim. That discussion has been fuelled by several follow-up Supreme Court judgments on various aspects of the Peeters/Gatzen claim, which have not made the doctrine any easier. Also in a European law context, the Peeters/Gatzen claim raises questions on applicable law and jurisdiction, which has led to interesting case law of the EU Court of Justice. A series of articles will discuss those different aspects. Herein, the central question is which framework of review, given the jurisprudence given by the Supreme Court, should be applied to the Peeters/Gatzen claim and whether it needs adjustment. In an international perspective, this may also have implications with regard to applicable law and jurisdiction. The study is legal-dogmatic in nature. In parts, comparative law research will also be conducted. The articles will be published during the research and will eventually be compiled into a book in an updated version.