Gläubigerschutz in der Kapitalgesellschaft

Creditor protection in Company and Corporate Insolvency Law has been an issue for legal practice and scholarship since the introduction of limited liability. The recent use of English companies in Germany and the migration of German companies to England for restructuring purposes require courts, legislators, commercial practice and scholars to deal with English law on an in depth basis. Felix Steffek analyzes English Company and Corporate Insolvency Law as regards creditor protection and undertakes a functional comparison with German law, thereby drawing a comprehensive picture of the mechanisms of creditor protection. The analysis covers tests of insolvency, insolvency proceedings, directors' duties and liability, disqualification, company investigations, shareholder liability and avoidance of transactions. By systematically referring to statistical and empirical research, the author shows that the legal systems compared take different approaches in solving the tension between entrepreneurial freedom and creditor protection, both from a technical and a functional point of view.
The book received the Max-Hachenburg-Gedächtnispreis and the Otto-Hahn-Medaille.