Die Separierung von Unternehmensteilen in insolvenzrechtlichen Sanierungsverfahren

European legislators are striving to modernise the law in a bid to stop insolvent firms from being stripped of all assets. Restructuring proceedings have moved away from their executory roots and are changing from debt-clearing procedures into instruments of corporate law. The last legal reforms in Germany and Spain have opened up the way for a new translative approach in insolvency restructuring proceedings. Jan Frederik C. Holst analyses legal procedures and techniques for the division of companies during insolvency restructuring proceedings and asks whether business transfer techniques grounded on principles of business continuity as anchored in Spanish law could provide solutions for Germany.