Marco Wilhelm

Sep 3, 2024 | lexology.com | Tina Hoffmann |Malte Richter |Inga Rupp |Stefanie Skoruppa |Marco Wilhelm |Nicola Hughes | +5 more

Find out more about Lexology or get in touch by visiting our About page. RegisterTo view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF. France, Germany, United KingdomSeptember 3 2024INSOLVENCY CHALLENGE RIGHTS Germany / England and Wales / France September 2024 INTRODUCTION The overall principle of the insolvency laws of many countries is the equal treatment of the creditors of the insolvency debtor.

Dec 27, 2023 | mondaq.com | Marco Wilhelm |Tina Hoffmann |Malte Richter |Devi Shah

The right to set off a claim is a legal concept through which reciprocal claims between a creditor and a debtor company are settled against each other reducing or extinguishing the smaller claim and leaving only a balance outstanding. A right of set-off may constitute a self-help remedy upon which a creditor can rely without the assistance of the Courts.

Nov 13, 2023 | mondaq.com | Marco Wilhelm |Tina Hoffmann |Malte Richter |Stefanie Skoruppa

The most important principle of the German insolvency law is the equal treatment of the creditors of the insolvency debtor. To satisfy their claims, the creditors are entitled to receive satisfaction from the debtor's insolvency estate. The insolvency estate consists of the entire assets of the debtor belonging to it at the time the insolvency proceeding is opened and the ones obtained during the proceeding.

Oct 16, 2023 | lexology.com | Marco Wilhelm |Tina Hoffmann |Malte Richter |Inga Rupp |Stefanie Skoruppa

Find out more about Lexology or get in touch by visiting our About page. RegisterTo view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF. GermanyOctober 16 2023INTRODUCTION Within German contract law, the principle of being bound by a contract (pacta sunt servanda) (i.e., the obligation to fulfill an agreement) applies. However, in the case of the insolvency of one of the contract parties, exceptions are made.

Oct 12, 2023 | mondaq.com | Marco Wilhelm |Tina Hoffmann |Malte Richter |Inga Rupp

Within German contract law, the principle of being bound by a contract (pacta sunt servanda) (i.e., the obligation to fulfill an agreement) applies. However, in the case of the insolvency of one of the contract parties, exceptions are made. Upon the opening of insolvency proceedings, the principle of being bound by a contract is modified. The insolvency provisions concerning the fulfillment of mutual contracts (Section 103 et seqq.