Die vis attractiva concursus im Europäischen Insolvenzrecht

A knowledge of the scope of the insolvency law is of fundamental importance for the efficiency and effectiveness of cross-border insolvency proceedings and those which provide for the restructuring of a debtor. The separation of company law from insolvency law can lead to contradictions in standards and protection gaps. This study solves this problem by using an instrument already established by the European regulation on insolvency proceedings, called vis attractiva concursus, to determine the scope of insolvency law. The author examines the significance and the systematic position of the vis attractiva concursus, which is used to determine the level of jurisdiction of the annex proceedings that fall within the scope of the European insolvency regulation. The synchronism between the concepts of procedural rules and conflict rules under the European insolvency regulation enables the author to specify the legal concept of insolvency in isolation from that regulation. The resulting criteria provide information on the qualification of disputes arising in the context of corporate insolvencies.