重要主題

StaRUG Restructuring Facilitation

The best way to strike a balance between creditors and debtors in the current crisis

 

At the end of 2020, the German Act on the Stabilisation and Restructuring Framework for Companies, in short: StaRUG, was adopted almost without... read more

Avoidance of transactions in insolvency proceedings – New BGH Ruling

The ruling of the IXth Civil Senate, which is responsible for insolvency law at the Federal Supreme Court (BGH), on the so-called transaction avoidance with intent, pursuant to § 133 of the German Insolvency Code... read more

German Sales Law 2022: News on Warranties and Digital Products

Far-reaching changes in sales law and contracts for digital products as of 1 January 2022

The sales law regulated in the German Civil Code will be radically changed as of 1 January 2022,... read more

COVID-19 Pandemic Act COVInsAG: Insolvency law consequences of the crisis for creditors

One of the most important parts of the COVID-19 pandemic law, which was hastily enacted by the legislator in March, is the regulations it contains for the temporary modification of insolvency law. The COVID-19 Insolvency Suspension Act COVInsAG,... read more

Pre-insolvency restructuring proceedings: The implementation of the EU Restructuring Directive into national law

Against the background of the still subdued economic development in a large number of member states, the European Commission presented a proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on preventive restructuring... read more

Avoidance of transactions in insolvency proceedings: First results of legal reform

In recent years, the German Federal Court of Justice’s judicature on the so-called pre-emptive action of wilfully disadvantageous transactions according to sect. 133 of the German Insolvency Act (InsO) was completely out of hand. Granting... read more

Information obligations of lawyers: German Federal Court of Justice ends decades of discussion about direct claims of legal expenses insurance

In its ruling of February 13, 2020, the Federal Court of Justice (BGH, file no. IX ZR 90/19) confirmed a ruling of the Berlin Regional Court (file no. 5 S 22/18) that PASCHEN Rechtsanwälte had won. According to this ruling, legal protection... read more

Installation and removal costs under warranty law: New legal situation since 1 January 2018

What has been applied so far

Under the current legal situation, the contractor is deemed liable to his clients in the case of a defect for costs arising from installation and removal within corrective... read more