The exclusion of legal persons from the insolvency administrator office

  • Brand: Petersen, Dr. Moritz
  • Availability: In stock
  • SKU: 9783863761851

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The subject of the dissertation is the admissibility of restricting the office of insolvency administrator to natural persons in accordance with Section 56 InsO and the resulting exclusion of legal entities from the office of insolvency administrator. Since insolvency administration has developed into an independent profession and is often carried...

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The subject of the dissertation is the admissibility of restricting the office of insolvency administrator to natural persons in accordance with Section 56 InsO and the resulting exclusion of legal entities from the office of insolvency administrator. Since insolvency administration has developed into an independent profession and is often carried out by large administration companies with teams of lawyers, tax consultants and auditors, the statutory exclusion of legal entities from the office of insolvency administrator is in practice often only a facade, since the administration is carried out by a single person natural person no longer corresponds to reality in the often very complex circumstances. Against the background of a decision by the BGH from 2013 and the BVerfG from 2016, which denied a violation of the provision of § 56 InsO against the Basic Law, the author deals in depth with the exclusion of legal entities from the office of insolvency administrator. In addition to a detailed examination of constitutional and European law and dealing with the advantages of appointing legal entities to the office of insolvency administrator, the author also examines the subject in a comparative legal manner with German-speaking countries (Switzerland and Austria) and, in the context of a country report, selected foreign legal systems (England, France and the USA). ).

Details

  • Title: The exclusion of legal entities from the office of insolvency administrator
  • Author: Dr. Moritz Petersen
  • Edition: 1st edition
  • Released: 1st edition 09/29/2016
  • Subject: Law
  • Product Type: Book (Hardcover)
  • Product type: Dissertation
  • Language: German
  • Binding: Softcover (paperback)
  • Dimensions: 21.0 x 14.8 cm (DIN A5)
  • Scope: 240 pages
  • Condition: New (shrink-wrapped in foil)
  • Keywords: creditors, insolvency, insolvency law, insolvency proceedings, insolvency administrators, bankruptcy, bankruptcy law, reorganization proceedings, debtors, administrator market

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