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The insolvency law is one of the core components of the
comprehensive body of legislation that ensures the confidence of
the legal community in a legal system. It regulates the conditions
of widespread debtor liability and at the same time defines the
framework within which creditors can expect their rights to be
preserved through a reorganization and recapitalization of the
indebted company. The actual effect of the insolvency law does not
end at a country's borders. Insolvency proceedings are structured
according to the right to have universally applicable validity.
Joint legislation on cross-border insolvency proceedings is now in
effect in the form of intrastate legislation in almost all member
states of the European Union. This shared European legislation is
impacting intrastate reform processes and influencing the
insolvency legislation. Furthermore, the intrastate legislation is
being influenced by the UNCITRAL-Model law. Academic debate is
increasingly concerned with the convergence movement that has been
triggered as a result. Practical applications require legal
dogmatic clarification of the increasingly complex regulations of
insolvency legislation, and information on structures and problems
of foreign European and extra-European insolvency laws, as well as
and in particular with regard to its interaction with German laws.
The DZWIR publication series is a forum of these discussions. It is
being published as a series of monographic examinations of
fundamental questions on German, European and international
insolvency legislation. As such, this series contributes to the
legal dogmatic clarification of disputes as well as to the
promotion of European integration of national insolvency
legislation.
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