Sanierungsgeschäftsführung in Krise und Eigenverwaltung

The author analyzes the competences and liabilities of managing directors in a corporate crisis as well as in self-administrated insolvency proceedings and gives his view on further questions raised by the more recent legislative reform. In particular, the reform of the insolvency law by the ESUG of 2012, which promotes restructurings and self-administrated proceedings, raised various questions leading to uncertainty in practice on all sides. Those relate to insolvency law such as questions on the judicial competences regarding applications for self-administrated proceedings or the self-administrating debtor’s right to create debts of the insolvency assets. Particularly, the relation between insolvency law and corporate law needs to be reconsidered which has direct impact on the competences and liabilities of managing directors in a corporate crisis and self-administrated proceedings. The author’s position on these questions is expressed in this book.