Unternehmensfortführung als Sicherungsmittel

When the preliminary insolvency administrator runs a company as a going concern, he must simply rely on his personal intuition. Although his actions interfere in fundamental rights of third parties, the administrator cannot justify them on any scale. The author develops precise and workable guidelines based on special German company law, which serve for the first time as a condensed structure for running a company as a going concern during the opening procedure for insolvency proceedings.