Zur Stellung der Gläubiger und Gesellschafter im französischen Recht der Kollektivverfahren

For a long time now, Germany has been struggling for a legally standardised restructuring procedure that can be preceded by a conventional insolvency procedure. What is still encountering fierce resistance in Germany has been common practice in France for decades. So what should we learn from the experience of the French model? Does it even serve as a blueprint for a fundamental change in the system? These questions have arisen since the adoption of the EU’s Restructuring Directive under changed circumstances. This thesis investigates both legal systems by using a functional legal comparison to show what enormous differences exist between them despite all the attempts at harmonisation, but also where opportunities for bilateral rapprochement could lie. The author calls upon German legislators to tread new paths in implementing a restructuring procedure and to introduce a collective reorganisation law. To this end, they can take inspiration from the many preventive mechanisms of the Code de commerce.