This book presents the first thoroughgoing analysis of the contractual effect
of letters of comfort as it appears in both common law and civil law systems.
The commentary draws on cases from a wide variety of jurisdictions and on the
full range of legal scholarship on the subject in several languages. Among the
specific issues and topics raised along the way are the following:
the typology of letters of comfort;
the legal nature of letters of comfort;
the use of letters of comfort in corporate group and banking practice;
the economic explanation for the use of letters of comfort;
the contractual effect of letters of comfort in French law;
‘ten commandments’ of letters of comfort;
Clearly evoking the tension between business needs, the law, and judicial
application, the book analyses what happens when the relationship between a
lender and a creditor breaks down, or the latter becomes insolvent, and courts
or arbitrators are asked to determine the legal status of a comfort letter.
This is an area of practice in which lawyers in any field of business activity
are inevitably concerned, and in which useful guidance is scarce. For this
reason this detailed analysis will be very welcome.
Chapter 1 Introduction.
Chapter 2 The Concept of the Letter of Comfort and its Delineation.
Chapter 3 The Use of Letters of Comfort in Corporate Group and Banking
Chapter 4 The Contractual Effect of Letters of Comfort in the
Chapter 5 The Contractual Effect of Letters of Comfort: The Contractual
Chapter 6 The Contractual Effect of Letters of Comfort:The
Chapter 7 The Contractual Effect of Letters of Comfort:The Commercial
Chapter 8 Elements of French Contract Law.
Chapter 9 Contractual Effect of Letters of Comfort in French Law.
Chapter 10 Conclusion.
Table of Cases.