Unternehmerisches Ermessen in der Insolvenz

Business judgment and its privileged liability are constitutive for the actions of a director. Without a doubt, this applies outside of crisis and insolvency. Even within a crisis or insolvency, however, the involved parties have to make certain corporate decisions. However, insolvency law does not contain any rules which take account of the fact that such decisions are always associated with uncertainties. In this dissertation, the author examines the question of whether there is scope for discretion for the involved parties, even during a crisis or insolvency, and how this can impact possible liability.