Die Sicherheit von Grundpfandrechten in Deutschland und England

For mortgagees, it is of considerable significance that the security they have been granted can stand the test as well if the debtor is insolvent. From the perspective of comparative law, Florian Rink examines the position of mortgages in the system of land law, their enforceability in individual cases and their effectiveness in insolvency, which is given particular attention. In addition to the power of realization given to the mortgagee and the insolvency administrator, he analyzes the possibilities of including the mortgages in a rehabilitation of the debtor. He discusses the problem of the formation of groups and the coordination in the insolvency plan proceedings from the perspective of the mortgages in order to compare these with the concept of English law following the reorganization of insolvency law. In conclusion, he sheds light on the effectiveness of contesting the insolvency proceedings in both legal systems.