Die Haftung der schuldnerischen GmbH/AG und ihrer Geschäftsführungsorgane in der (vorläufigen) Eigenverwaltung

The liability of a bankrupt entity and its directors in insolvency proceedings under self-administration is one of the most exciting but barely investigated questions related to German (Corporate and) Insolvency Law. This PhD thesis answers a number of the relevant questions involved.
At the beginning of the thesis, the influence of court ordered self-administration on the purpose, legal capacity and duties of both a German private limited company (Gesellschaft mit beschränkter Haftung, GmbH) and a public limited company (Aktiengesellschaft) is described, before the author examines a managing director’s duties under self-administration. Using the results of this examination, the author describes the liability of other parties in the insolvency proceedings under self-administration in order to evaluate whether there is a need for director liability under self-administration. The author affirms such a need and discusses possible and existing models of director liability, prior to presenting his own approach to a solution.