Der Interessendualismus des Insolvenzarbeitsrechts

Bankruptcy employment law is a well-established term in practice, literature and case law, yet the “essence” of this legal matter has probably not yet been addressed. The dissertation therefore examines the question of whether bankruptcy employment law is bankruptcy law, employment law or a special field of law in its own right. The historical conflict between employment and bankruptcy law is examined and a separate method for reconciling conflicting (partial)areas of law is developed. Furthermore, the question of the special nature of Section 113 and 120 of the German Bankruptcy Code (Insolvenzordnung, InsO) is addressed and a new solution for the problem of works agreements that remain effective in bankruptcy is presented.