Vorsatzanfechtung und vorgerichtlicher Sanierungsversuch

The contestation of intent is considered a "sharp sword" in the hands of the insolvency administrator to correct asset dispositions in favour of equal treatment of creditors. The BGH also considers the payment agreement to be contestable as a congruent act of cover almost without restriction. This position has met with criticism from trade associations and representatives in the literature. The "Act to Improve Legal Certainty in Rescission" modified the rescission standard in 2017 with Section 133 (3) InsO. The criticism of the BGH must be pointed out. With a view to a singular payment agreements and agreements that are part of a pre-litigation restructuring attempt, the legislative procedure is traced and the treatment under avoidance law is shown.