Law
Christoph Thole
Gläubigerschutz durch Insolvenzrecht
Anfechtung und verwandte Regelungsinstrumente in der Unternehmensinsolvenz
[Creditor Protection in Insolvency Law. Avoidance of Transactions and Related Regulatory Instruments in Corporate Insolvency.]
Published in German.
Since the European Court of Justice's ruling on freedom of establishment for companies, conventional corporate capital protection has been under scrutiny. The significance of insolvency law as a setting for creditor protection instruments has increased considerably. However, up to now there has been no seminal study of creditor protection in insolvency law. Christoph Thole examines the conditions for the use of German insolvency avoidance law (preference law and fraudulent transfer law) on the basis of a comparative analysis of American and British laws of avoidance. He also deals with related regulatory instruments such as the liability of managing directors and partners and their relationships to the law of transaction avoidance. In conclusion, the author studies the fundamentals of avoidance of transactions in insolvency from the perspective of conflict of laws, European law and the law of international jurisdiction within the context of European insolvency law.