Der Überschuldungsbegriff in § 19 Abs. 2 InsO

This work sheds light on the term of over-indebtedness in § 19 Abs. 2 InsO and records the current status of the ongoing discussions surrounding the term. The work first presents the historical development of the term, followed by a classification of over-indebtedness as a basis for opening insolvency proceedings. In its core, the two elements of the term, arithmetical over-indebtedness and the going concern prognosis, are examined. Based on the findings, a critical appraisal compares the simple two-stage term of over-indebtedness and the modified two-stage term. Finally, the necessity of the term is examined; modification proposals are presented and evaluated.