Non liquet im Insolvenzverfahren

The principle of ex officio examination, set out in Section 5 paragraph 1 sentence 1 InsO, suggests that the usual difficulties related to proving substantial facts are of little importance in the context of insolvency law. Based on the fundamental principles of civil procedure with regards to evidence and the burden of proof, this dissertation meanwhile casts a light on the numerous evidentiary issues which regularly face those involved in the proceedings. In particular, provided the legal obligation to investigate facts has been exceptionally suspended and an initial provision of facts required, the allocation of the burden of proof is decisive.