Die Vorbereitungsphase vor Restrukturierungs- und Insolvenzverfahren

This study addresses a research gap at the intersection of corporate, insolvency and restructuring law by offering academics and practitioners a systematic analysis of the preparatory phase of restructuring and insolvency proceedings. Drawing on the analysis of law and economics, the author examines the management's duties and liability in the event of insolvency from an interdisciplinary perspective, distinguishing between corporations and partnerships. The study focuses on management autonomy, the transfer of fiduciary duties, and the liability implications of corporate resolutions and instructions.