Forderungsfeststellung im Europäischen Insolvenzrecht

This book provides a comprehensive and practical analysis of the legal issues raised by the cross-border determination of insolvency claims. It examines whether declaratory disputes fall within the scope of the European Insolvency Regulation and the consequences this has for international jurisdiction in particular. In principle, European insolvency law assigns jurisdiction to the courts of the state in which insolvency proceedings have been opened. Ben Dany shows, drawing on legislative history and comparative law, that this jurisdictional rule needs to be corrected for some types of declaratory disputes: through further development of the law or by the European legislator.