Der selbstständig tätige Globalzedent in der Insolvenz

German, Paul Ferdinand Fröhlich, 2023
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The starting point of the work was the decision BGHZ 222, 165, in which the IX. Senate partially dealt with the insolvency of a self-employed global assignor. Specifically, the question was whether the pre-insolvency global assignment could access the claims generated by the debtor in the insolvency proceedings if the self-employment had previously been released under § 35 Abs. 2 Sentence 1 InsO. Since the Senate wanted to protect the debtor in their self-employment, it applied the prohibition on earning under § 91 Abs. 1 InsO, contrary to the clear wording, to the income of the debtor that fell into the non-insolvency estate. The decision demonstrated that the regulations of insolvency law reach their limits in this constellation. This applies not only in relation to the insolvency proceedings following a negative declaration according to § 35 Abs. 2 Sentence 1 InsO. In all other conceivable phases of insolvency, it poses a particular challenge to balance the debtor's interest in continuing operations with the opposing interests of the global assignor and other insolvency creditors in accessing the debtor's income. Against this background, the author aims to examine, in chronological order, the interactions of the global assignment of the self-employed debtor with the opening proceedings, the insolvency proceedings, the period of good conduct, and finally the discharge of residual debt.

Key specifications

Language
German
topic
Economy & Law
Subtopic
Commercial law
Author
Paul Ferdinand Fröhlich
Number of pages
227
Book cover
Paperback
Year
2023
Item number
39022841

General information

Publisher
Rhodenwald & Söhne
Category
Reference books
Release date
15.8.2023

Book properties

topic
Economy & Law
Subtopic
Commercial law
Language
German
Author
Paul Ferdinand Fröhlich
Year
2023
Number of pages
227
Edition
1
Book cover
Paperback
Year
2023

Voluntary climate contribution

CO₂-Emission
Climate contribution

Product dimensions

Height
211 mm
Width
152 mm
Weight
325 g

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30-day right of return if unopened
24 Months statutory warranty

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