Duncker & Humblot GmbH Abhandlungen zum Deutschen und Europäischen Gesellschafts- und Kapitalmarktrecht315- Achat d'entreprise inaltérable en cas d'insolvabilité

'Insolvency-Proof Acquisition of Companies': This thesis examines the legal treatment of corporate acquisitions completed prior to insolvency in the event of the seller's subsequent insolvency, as well as related options for structuring the purchase agreement in a manner that is resilient to insolvency. The analysis focuses on the treatment of pre-insolvency corporate transactions under insolvency challenge law pursuant to §§ 129 Insolvency Code (InsO). In addition, the insolvency administrator's right of election under §§ 103 ff. Insolvency Code (InsO) is examined, and the framework conditions governing the handling of the purchase agreement in the event of insolvency are discussed.