Der Sonderkonkurs des deutschen Internationalen Insolvenzrechts

With the European Insolvency Regulation of May 29, 2000, a project for the unification of European law in order to deal with cross-border insolvency became reality. In addition to universal main insolvency proceedings at the debtor's main center of interests, the regulation also provides for secondary insolvency proceedings at the location of the debtor's establishment. The effects of these proceedings are restricted to the debtor's domestic assets. A special jurisdiction along with a territorial restriction of the insolvency estate are basic elements of the 'German' concept of particular insolvency proceedings. Christian Dawe analyzes the fundamentals of property and international law of territorial insolvency proceedings and integrates them into the German theory of particular insolvency proceedings. He outlines a comprehensive concept of particular insolvency proceedings and analyzes whether or not the model of true particular insolvency proceeding can also be held up in the scope of the European Insolvency Regulation.