Instrumente zur vorinsolvenzlichen Sanierung des Unternehmenstragers: Stakeholderinteressen - Wirkungsweise - Haftungsrisiken - Reformbedarf

The oppurtinities to restructure German companies have been one central issue in the political and legal discussions during the last years. In response, the German legislature enacted the ESUG. However, the ESUG can not avoid the stigma associated with bankruptcy. This book discusses the opportunities and risks to save and restructure a company prior to bankruptcy. Therefore, the author examines the central issues of general civil law, corporate law, capital market law and tax law. To point out conflict potential and potential of negotiations, the interests of the stakeholders are in the focus of the examination. The examination conclude that, in Germany, the implementation of a legal reorganisation proceeding is not necessary. Existing reform potential to increase the opportunities to save companys from bankruptcy is supposed to build on existing legal provisions.