Die insolvenzrechtliche Anfechtung von Bargeschäften

The recent extension of the cash transaction privilege of section 142 of the German Insolvency Act onto clawback for wilful disadvantaging of the creditors is limited by the element of “Unlauterkeit” [unfairness]. The aim of this study is to specify the aforementioned element more precisely.
The study provides practitioners with more legal certainty regarding the privilege by a comprehensive presentation of its purpose and an in-depth examination of the system of values within the clawback law. The focus is on a thorough analysis of the legislative materials and the reciprocal effects of the revised privilege and the so called “bargeschäftsähnliche Lage” [situation similar to a cash transaction] on one another.