This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and to analyse their causes and effects. The contributions discuss how the trust structure, with its inherent malleability, has been adapted to meet a diverse set of local needs, including social, religious, economic, commercial, or even historical needs. But in most instances, those needs - and the ways in which trusts law has been adapted to meet them - are not unique to a single jurisdiction: they often (coincidentally or otherwise) find much in common with others. By making its readers aware of the commonality of needs in Asia- Pacific, this book also aims to encourage coordination and cooperation in utilising trusts law to address shared concerns across the region.

As the European Union (EU) matures, there is an increasing debate, partly fuelled by fierce national criticism offered by Eurosceptic politicians, partly initiated by the EU institutions themselves, on the way in which the EU has developed and what the EU must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster trade or to offer protection to market participants, such as consumers.In 2011, the Maastricht European Private Law Institute (M-EPLI) was founded. M-EPLI researchers combine European Private Law scholarship in the fields of contract, property, commercial and procedural law as well as legal theory. In this book M-EPLI fellows present perspectives on the allocation of competences in European Private Law. This includes both general perspectives and criteria on the basis of which to decide who does what in European Private Law, but also specific perspectives relating to the various fields M-EPLI's researchers cover. All contributions share a common approach in which each author or team of authors addresses the same two questions: (i) What are the criteria to decide upon the ideal design of their field of law for the EU?; (ii) Who should set the rules: what is in the author(s) view the optimal mix of national and European producers of legal norms?

When they go low, we learn: an examination of mudslinging in contemporary American politics-and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse-a technique not invented by but certainly refined by Donald Trump-and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. Illustrating how completely the tactic has been adopted and embraced by the American right wing, the book catalogues how public insults have been used against people with disabilities, immigrants, people seeking abortions, individuals who are sexually harassed, members of the LGBTQ community, and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform.

This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the "legal system development support" that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan's support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.

The book will serve primarily as a user's manual or desk reference for the expert witness-lawyer team and secondarily as a textbook or supplemental textbook for upper level undergraduate statistics students. It starts with two articles by masters of the trade, Paul Meier and Franklin Fisher. It then explains the distinction between the Frye and Daughbert standards for expert testimony, and how these standards play out in court. The bulk of the book is concerned with individual cases ranging over a wide variety of topics, such as electronic draw poker (does it require skill to play), employment discrimination (how to tell whether an employer discriminated against older workers in deciding whom to fire), driving while black (did the New Jersey State Police disproportionately stop blacks), jury representativeness (is a jury a representative cross section of the community), juries hearing death penalty cases (are such juries biased toward a guilty verdict, and does the Supreme Court care), the civil incarceration of violent sexual offenders after having served their jail sentences (can future dangerousness be predicted), do data from multiple choice examinations support an allegation of copying, whether rental agents in an apartment complex steered African-American prospects to one part of the complex, how much tax is owed after an audit that used a random sample, whether an inventor falsified his notebook in an effort to fool the Patent Office, and whether ballots had been tampered with in an election. The book concludes with two recent English cases, one in which a woman was accused of murdering her infant sons because both died of "cot death" or "sudden death syndrome", (she was convicted, but later exonerated), and how Bayesian analyses can (or more precisely), cannot be presented in UK courts. In each study, the statistical analysis is shaped to address the relevant legal questions, and draws on whatever methods in statistics might shed light on those questions.

Claims assigned to the small claims track of the county court are up to GBP10,000 in value. This book provides clear guidance about all the relevant procedures and rules, some of which are unique to the track. They include the rules which limit costs recovery, procedures on appeals and the small claims mediation service provided through the Court. It meets all the needs of the professional user, including case citations and statutory references, but is written and presented with the non- lawyer in mind: it has a wealth of practical advice, plus simple summaries, flow charts, check lists and tables to enable litigants in person to understand the court process. It includes a glossary which explains over 100 legal words, terms and phrases. The book was first published over 20 years ago, and this is the 7th edition. It has been fully updated with an entire chapter devoted to the Road Traffic Act Small Claims Protocol and associated rule changes, under which many personal injury cases worth up to GBP5,000 in value will be allocated to the small claims track. This popular title will prove invaluable for busy practitioners and litigants in person alike, equipping them with the latest knowledge and enabling them to make the most of the procedures that are available.

Over the last decade, the time period that is also covered by the two editions of this book, European company law has been re-written completely. Virtually no EU measure remained unchanged and most of them have undergone fundamental reform. This is astonishing since almost half of these measures only came into existence after the turn of the millennium.In the last five years 'modern' European company law has been characterized by a strong foundation of accounting law, i.e. the basic information scheme in international models (IFRS), the practicability and reality of cross-border mobility in its different types, the considerable success - at last - of European company types, namely in the form of the European Company which has been adopted by many blue chip companies, and finally by governance, governance and governance. The latter also experiencing a remarkable renaissance of shareholders' rights, namely voting right schemes. In times of crisis this is the equipment with which the challenges have to be met. This book discusses the EC/EU law first including all instruments through which it is transposed into the national law systems. However, where no EC/EU law exists, a comparative law discussion and policy aspects, namely law and economics, fill the gaps. The whole organism of (limited liability) company law is thus covered.In addition to organization, accounting, finance and the closely related capital market law European Company Law covers the cornerstones of EC/EU corporate tax and insolvency law. This broad scientific perspective of the 'European' in company law remains unique and is of greatest value for top-level practice and highly-ranked policy discussions. About this edition'With expert works like this one by professor Grundmann, richly referenced and fairly open to auxiliary sciences (such as the economic analysis of law), the doctrine should be able to rationalise and effectively guide the discussion. From within France we should wish - and act -so that this scientific systematisation effort does not become [...] the monopoly of our colleagues from across the Rhine; colleagues to whom we are grateful for their careful pioneering.'Louis D'Avout in RTDeur (2012) lxxAbout the first edition'Both the general reader [...] and those interested more specifically in company law and corporate finance will benefit from this book. It makes valuable reading for academics, practitioners and regulators/policy makers, and is very stimulating and welcome.'Thomas Papadopoulos in Common Market Law Review 2009 (1019).

This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.

The Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law. This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance. Contributors include: T.M.C. Arons, S. Bollee, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. Winkler

In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values that are most prominent in the Dutch, Austrian, and American legal systems. It explains how many differences between systems flow from these different fundamental starting points.

This volume collects together Michael Freeman's work on the family and society, and the part law plays in defining, structuring and controlling it. He questions the role of family law and its interface with family values, as well as the rights and best interests of children. Responsible parenthood is examined as well as the relationship between family law and medical law, examining surrogacy and saviour siblings. On adult relations the volume centres on domestic violence, same sex marriage, and alternative dispute resolution. Finally he examines the relationship between law and religion, focusing on Jewish divorce and the role of the state. The book is essential reading for scholars and students of family law, as well as those interested in gender and patriarchy, law and feminism, rights, and dispute resolution.

Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe's national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

A close engagement with law has long been a core dimension of feminist activism. However, it is only since the late twentieth century that a distinct and vital body of academic literature addressing the nature, effects, and limits of that engagement has emerged. In particular, from the 1980s onwards, a critical mass of scholarship has accumulated, establishing feminist legal studies not just as a recognizable subdiscipline, both of law and of feminist or women s studies, but also as a terrain of substance and complexity, the exploration and understanding of which requires increasingly sophisticated navigation skills.

As research in and around the area flourishes as never before, this new title in the Routledge Major Works series, Critical Concepts in Law, meets the need for an authoritative reference work to make sense of a rapidly growing and ever more complex corpus of literature, and to provide a map of feminist legal studies as it has emerged, developed, and diverged over the last thirty years.

There are many ways of classifying feminist thinking within and beyond law. A typical method is to divide work into competing political or theoretical camps (such as liberal feminism, socialist feminism, and radical feminism). Another way, more common in law, is to organize feminist perspectives around issues such as abortion, equal pay, and pornography. A third treatment would be to focus on epistemologies (for example, feminist empiricism, standpoint theory, and postmodernism). However, the editor of this reference work, an internationally renowned scholar, eschews these increasingly sterile approaches and instead offers a view of feminist legal studies as a dynamic process of engagement with law which takes different forms and emphases at different points and contexts. Feminist legal studies does not, she argues, comprise a static set of ideas; it is rather an ongoing conversation.

For this reason, the material gathered here in this four-volume collection is, to a considerable extent, organized chronologically, starting with the key feminist issues and interventions of the early 1980s. The collection then progresses thematically to reflect the shifts and turns of feminist legal thought. The content of the material is explicitly inter-jurisdictional, and reflects the global nature of feminist legal scholarship and, in particular, current thematic preoccupations.

With a comprehensive introduction, newly written by the editor, which places the material in its historical and intellectual context, Feminist Legal Studies is an essential work of reference and is destined to be valued by scholars and students of feminist law as well as those working in allied areas as a vital one-stop research resource.

In order to develop a framework that can form a basis for the development of a European property law, this book provides a comparative analysis of property law from the perspective of four European legal systems and European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to shape property rights, or even create new types of rights. In the last decades, property law has come under pressure to allow more party autonomy. In other words, property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result, rights have come into existence that are intermediary between the law of contract and the law of property. Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognized. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.

This book discusses environmental crime and individual wrongdoing. It uses the theory of convenience throughout to examine financial motives, attractive opportunities, and personal willingness to explain deviant behavior. This book focusses primarily on the case study of the Island of Tjome in Norway, an attractive resort where building permits were repeatedly granted to rich people in a protected zone along the shoreline. This book investigates how these crimes were detected and investigated by police over a few years with the help of whistleblowers. It discusses the interplay between the potentially corrupt public officials, professionals like architects and attorneys, and rich individuals, as an interesting and challenging arena for law enforcement. It covers attorneys' defense strategies, evaluates private internal policing, and provides insights for those investigating individuals involved in environmental crime. It also examines the Vest Tank toxic waste dumping case and the resulting explosion where unusually both the chairperson and the chief executive were successfully sentenced to prison because of environmental crime, unlike many other environmental crime cases where individuals avoid prison. The case studies are drawn from Norway to supplement more well-known case studies from the USA.

The Principles of European Family Law which are drafted by the CEFL are aimed at contributing to the harmonisation of family law in Europe. They may thus be used as a frame of reference. The first set of Principles in the field of Divorce and Maintenance Between Former Spouses was launched in 2004. This book contains the Principles Regarding Parental Responsibilities. In these Principles, the CEFL has developed a comprehensive and original set of rules in the field of parental responsibilities based on respect for the rights of the child, non-discrimination and, as far as possible, self-determination. In their provisions on specific issues the Principles opt for solutions which seem to be workable and shall avoid unnecessary hardship and disputes.

This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.

This book provides an overview of the developments in family law in Europe during the last two millennia. It aims to examine the so-called 'cultural constraints argument', which suggests that family law is unsuitable for harmonisation because the family laws of the European countries are deeply imbedded in their unique national cultures and history. It follows the path of the greatest-ever harmonisation event in European legal history: the creation of the medieval canon family law, and shows how, under the impact of pan-European economic, cultural and ideological trends, medieval uniformity turned into present-day diversity. Everywhere in Europe the evolution of family law generally followed the same pattern - from a traditional restrictive family law, built upon communitarian, transpersonal premises, to a more permissive family law, based upon modern personalistic ideology - yet national differences seem not to be disappearing. It appears, however, that this has little to do with the embedment of family law in unique national cultures and history. It is the differences in the balance of political power between the proponents and the opponents of the ongoing modernisation of family law that make the various countries respond to the pan-European challenges in dissimilar ways.

This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman's issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women's voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Since 1989, Europe has witnessed an exponential increase in the number of so-called "registered partnership" schemes introduced alongside marriage. The diversity of registration schemes has created numerous problems in cases involving an international or cross-border element. This book focuses on these new registration schemes and is divided into two main parts. The first part is dedicated to the analysis and comparison of the substantive law rules of Belgium, France, The Netherlands, Switzerland and the United Kingdom (England & Wales, Scotland and Northern Ireland). On the basis of this comparison, it is concluded that although these registration schemes appear to be dissimilar, they all fulfil a common function. This conclusion serves as the starting point for the second part, which examines the private international law rules applicable to such relationships. Unification of these rules is deemed to be not only desirable, but also feasible. This book serves as a reference tool for all those who require information regarding the substantive law rules in the countries researched, as well as for those interested in the private international law aspects of these new forms of non-marital registered relationships.

A practical guide to the conduct of criminal cases. Whether a student of Scots Law coming to criminal evidence and procedure as part of your LLB law degree or as part of your Diploma in Professional Legal Practice, or a practitioner needing a quick reference guide, this textbook covers all of the essentials. Sheriff Alastair Brown draws on his extensive experience in practice to present a clear and up-to date overview of the subject, taking into account updates relating to the law of arrest, the treatment of vulnerable witnesses, the sentencing powers for non-harassment orders and the First Diet procedure.

Avoid legal consequences in your library by knowing copyright law! Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan guides you through the process of developing policies to protect you, your library, and your patrons. The book examines the philosophy and regulations behind the laws and guidelines that apply directly to library services, allowing library staff and administration to better understand why these rules are needed. This vital resource offers suggestions and advice to ensure your library can offer the best services to your patrons while staying within the boundaries of the law. With this informative tool, you'll learn more about: copyright basicsspecial allowances, licensing, penalties confidentiality basicsstate regulations, institutional regulations, records retention policies electronic reserves and electronic delivery of interlibrary loandifferences of electronic versus physical, negotiating permissions and database contracts for use and more! Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan shows you where to find works in the public domain and free E-material on the Internet. It also lists several Web sites to help you obtain permission, acquire information on copyrights and electronic reserves, or join a listserv or discussion group on these issues. This book includes a section on current legislative issues that will affect you in the future. To help you plan your course of action, Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan includes the text of several important laws and guidelines, such as: the Copyright Law the Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals the CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements the CONFU Fair-Use Guidelines for Electronic Reserve Systems the American Library Association Model Policy Concerning College and University Photocopying for Classroom, Research, and Library Reserve Use (Section on Reserves)

Der Autor untersucht unter Berucksichtigung der Neuerungen durch das SanInsFoG, ob die mit der drohenden Zahlungsunfahigkeit i. S. d. 18 InsO verbundenen rechtspolitischen Ziele des Gesetzgebers erreicht wurden. Dabei nimmt er zu bisher wenig beachteten Rechtsfragen im Zusammenhang mit den Eroeffnungsgrunden nach 17 ff. InsO Stellung, entwickelt eine eigene Prufungssystematik fur den Tatbestand des 18 InsO und unterbreitet einen Reformvorschlag zur Abloesung des 19 InsO. Er beleuchtet die bestehenden Anreize fur eine fruhzeitige Verfahrenseinleitung mit Fokus auf die gesetzlichen Sanierungsinstrumente sowie die Konkurrenzsituation zum StaRUG und unterbreitet fur klarungsbedurftige Einzelfragen Loesungsvorschlage. Der Autor stellt fest, dass de lege lata kaum geeignete Anreize zur Foerderung einer Verfahrenseinleitung bereits bei drohender Zahlungsunfahigkeit vorhanden sind und der Gesetzgeber daher das mit 18 InsO verfolgte Ziel nach wie vor verfehlt. Anschliessend prasentiert er konkrete Vorschlage zur Weiterentwicklung des geltenden Rechts de lege ferenda.