Reinhard Bork – författare

This book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success.Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor''s assets. It also tackles the legal processes and how a reorganization can be commenced.The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decision-making powers to the right persons. It considers how each regime deals with the assets involved and whether there are rules to reverse payments made during the crisis and the possibility of a set-off claim. Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions.Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.

This book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success.Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor''s assets. It also tackles the legal processes and how a reorganization can be commenced.The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decision-making powers to the right persons. It considers how each regime deals with the assets involved and whether there are rules to reverse payments made during the crisis and the possibility of a set-off claim. Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions.Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.

This second edition of Commentary on the European Insolvency Regulation expands upon what has become a widely cited work on the recast EU Regulation on Insolvency Proceedings. It incorporates important developments in the case law since the Regulation was recast in 2015, as well as other significant updates. As with the first edition, it provides a detailed article-by-article commentary on the Regulation, written by a group of expert scholars and practitioners from a range of European jurisdictions. Drawing on a rich body of CJEU and national case law, as well as scholarly developments, analysis of the Regulation is accompanied by a chapter explaining the background to the Regulation''s enactment and recasting, identifying its key features, and examining the relationship between the Regulation and new European Restructuring Directive. As well as retaining the distinctive features of the first edition--the multi-jurisdictional focus of the expert contributors, and in-depth examination of the legislative provision and case law --the second edition offers new analysis of issues that have arisen since the publication of the first edition in 2016, including updates on the impact of Brexit and the passage of the European Restructuring Directive in 2019. This edition of Commentary on the European Insolvency Regulation is therefore a key new work for all those who advise or research on the topic of European insolvency law.

This second edition of Commentary on the European Insolvency Regulation expands upon what has become a widely cited work on the recast EU Regulation on Insolvency Proceedings. It incorporates important developments in the case law since the Regulation was recast in 2015, as well as other significant updates. As with the first edition, it provides a detailed article-by-article commentary on the Regulation, written by a group of expert scholars and practitioners from a range of European jurisdictions. Drawing on a rich body of CJEU and national case law, as well as scholarly developments, analysis of the Regulation is accompanied by a chapter explaining the background to the Regulation''s enactment and recasting, identifying its key features, and examining the relationship between the Regulation and new European Restructuring Directive. As well as retaining the distinctive features of the first edition--the multi-jurisdictional focus of the expert contributors, and in-depth examination of the legislative provision and case law --the second edition offers new analysis of issues that have arisen since the publication of the first edition in 2016, including updates on the impact of Brexit and the passage of the European Restructuring Directive in 2019. This edition of Commentary on the European Insolvency Regulation is therefore a key new work for all those who advise or research on the topic of European insolvency law.

The first edition of this textbook was published in 2016, but since then the legal and factual scenario of European cross-border insolvency law has changed dramatically. In particular, three main events have occurred. First of all, the prescriptions of Regulation (EU) 2015/848 (Recast) have become applicable; second, the UK has left the European Union, without this completely reducing the meaning of the regulation for the UK though; and third, the European Union has enacted Directive (EU) 2019/1023 on preventive restructuring and insolvency. Moreover, since 2016, the Court of Justice of the European Union (CJEU) has delivered significant new judgments, albeit regarding the Regulation (EU) 1346/2000; national courts have started applying the prescriptions of Regulation (EU) 2015/848; scholars have produced numerous papers and commentaries on Regulation (EU) 2015/848; and the United Nations Commission on International Trade Law (UNCITRAL) has issued relevant new documents such as the 2018 ''Model Law on Recognition and Enforcement of Insolvency-Related Judgments'' and the 2019 ''Model Law on Enterprise Group Insolvency''.The second edition of this textbook maintains its original purpose of providing readers with a user-friendly framework so that they may understand the rationale of Regulation (EU) 2015/848 and be consistent in their application of its prescriptions. However, in order to analyse the impact of the new events and discuss the most recent interpretations of judges and scholars, each chapter has been given new bibliographical references, supplemented with further observations, and, in some cases, even reorganised.

The first edition of this textbook was published in 2016, but since then the legal and factual scenario of European cross-border insolvency law has changed dramatically. In particular, three main events have occurred. First of all, the prescriptions of Regulation (EU) 2015/848 (Recast) have become applicable; second, the UK has left the European Union, without this completely reducing the meaning of the regulation for the UK though; and third, the European Union has enacted Directive (EU) 2019/1023 on preventive restructuring and insolvency. Moreover, since 2016, the Court of Justice of the European Union (CJEU) has delivered significant new judgments, albeit regarding the Regulation (EU) 1346/2000; national courts have started applying the prescriptions of Regulation (EU) 2015/848; scholars have produced numerous papers and commentaries on Regulation (EU) 2015/848; and the United Nations Commission on International Trade Law (UNCITRAL) has issued relevant new documents such as the 2018 ''Model Law on Recognition and Enforcement of Insolvency-Related Judgments'' and the 2019 ''Model Law on Enterprise Group Insolvency''.The second edition of this textbook maintains its original purpose of providing readers with a user-friendly framework so that they may understand the rationale of Regulation (EU) 2015/848 and be consistent in their application of its prescriptions. However, in order to analyse the impact of the new events and discuss the most recent interpretations of judges and scholars, each chapter has been given new bibliographical references, supplemented with further observations, and, in some cases, even reorganised.

The Anatomy of Corporate Insolvency Law dissects corporate insolvency law into its constituent elements, analysing them through a comparative and functional lens. Over the past forty years, corporate insolvency law has become a field of extraordinary practical relevance and increasing intellectual fascination. On the one hand, academics, policymakers, and practitioners have reoriented insolvency law in favour of rescuing distressed companies. On the other hand, this evolution has reshaped foundational categories of the legal culture, blurring (for instance) the traditional distinction between ''contract'' and ''proceedings''. The chapters in The Anatomy of Corporate Insolvency Law analyse central topics in this vibrant field and examines where it intersects with labour law and taxation law. The volume traces corporate insolvency law across key global jurisdictions, exploring how various jurisdictions might differently approach the same issues; to what extent two solutions that appear dissimilar really diverge; and vice-versa, to what extent two seemingly similar solutions might actually differ. In doing so, it facilitates cooperation and communication across jurisdictions, and explains how solutions adopted in one jurisdiction might be applicable in another.Suitable for students, scholars, and practitioners, this new work will provide the reader with a solid framework to understand corporate law from a comparative perspective.

The Anatomy of Corporate Insolvency Law dissects corporate insolvency law into its constituent elements, analysing them through a comparative and functional lens. Over the past forty years, corporate insolvency law has become a field of extraordinary practical relevance and increasing intellectual fascination. On the one hand, academics, policymakers, and practitioners have reoriented insolvency law in favour of rescuing distressed companies. On the other hand, this evolution has reshaped foundational categories of the legal culture, blurring (for instance) the traditional distinction between ''contract'' and ''proceedings''. The chapters in The Anatomy of Corporate Insolvency Law analyse central topics in this vibrant field and examines where it intersects with labour law and taxation law. The volume traces corporate insolvency law across key global jurisdictions, exploring how various jurisdictions might differently approach the same issues; to what extent two solutions that appear dissimilar really diverge; and vice-versa, to what extent two seemingly similar solutions might actually differ. In doing so, it facilitates cooperation and communication across jurisdictions, and explains how solutions adopted in one jurisdiction might be applicable in another.Suitable for students, scholars, and practitioners, this new work will provide the reader with a solid framework to understand corporate law from a comparative perspective.

The Anatomy of Corporate Insolvency Law dissects corporate insolvency law into its constituent elements, analysing them through a comparative and functional lens. Over the past forty years, corporate insolvency law has become a field of extraordinary practical relevance and increasing intellectual fascination. On the one hand, academics, policymakers, and practitioners have reoriented insolvency law in favour of rescuing distressed companies. On the other hand, this evolution has reshaped foundational categories of the legal culture, blurring (for instance) the traditional distinction between 'contract' and 'proceedings'. The chapters in The Anatomy of Corporate Insolvency Law analyse central topics in this vibrant field and examines where it intersects with labour law and taxation law. The volume traces corporate insolvency law across key global jurisdictions, exploring how various jurisdictions might differently approach the same issues; to what extent two solutions that appear dissimilar really diverge; and vice-versa, to what extent two seemingly similar solutions might actually differ. In doing so, it facilitates cooperation and communication across jurisdictions, and explains how solutions adopted in one jurisdiction might be applicable in another.Suitable for students, scholars, and practitioners, this new work will provide the reader with a solid framework to understand corporate law from a comparative perspective.

The Anatomy of Corporate Insolvency Law dissects corporate insolvency law into its constituent elements, analysing them through a comparative and functional lens. Over the past forty years, corporate insolvency law has become a field of extraordinary practical relevance and increasing intellectual fascination. On the one hand, academics, policymakers, and practitioners have reoriented insolvency law in favour of rescuing distressed companies. On the other hand, this evolution has reshaped foundational categories of the legal culture, blurring (for instance) the traditional distinction between 'contract' and 'proceedings'. The chapters in The Anatomy of Corporate Insolvency Law analyse central topics in this vibrant field and examines where it intersects with labour law and taxation law. The volume traces corporate insolvency law across key global jurisdictions, exploring how various jurisdictions might differently approach the same issues; to what extent two solutions that appear dissimilar really diverge; and vice-versa, to what extent two seemingly similar solutions might actually differ. In doing so, it facilitates cooperation and communication across jurisdictions, and explains how solutions adopted in one jurisdiction might be applicable in another.Suitable for students, scholars, and practitioners, this new work will provide the reader with a solid framework to understand corporate law from a comparative perspective.

This second edition of Commentary on the European Insolvency Regulation expands upon what has become a widely cited work on the recast EU Regulation on Insolvency Proceedings. It incorporates important developments in the case law since the Regulation was recast in 2015, as well as other significant updates. As with the first edition, it provides a detailed article-by-article commentary on the Regulation, written by a group of expert scholars and practitioners from a range of European jurisdictions. Drawing on a rich body of CJEU and national case law, as well as scholarly developments, analysis of the Regulation is accompanied by a chapter explaining the background to the Regulation's enactment and recasting, identifying its key features, and examining the relationship between the Regulation and new European Restructuring Directive. As well as retaining the distinctive features of the first edition--the multi-jurisdictional focus of the expert contributors, and in-depth examination of the legislative provision and case law --the second edition offers new analysis of issues that have arisen since the publication of the first edition in 2016, including updates on the impact of Brexit and the passage of the European Restructuring Directive in 2019. This edition of Commentary on the European Insolvency Regulation is therefore a key new work for all those who advise or research on the topic of European insolvency law.

The first edition of this textbook was published in 2016, but since then the legal and factual scenario of European cross-border insolvency law has changed dramatically. In particular, three main events have occurred. First of all, the prescriptions of Regulation (EU) 2015/848 (Recast) have become applicable; second, the UK has left the European Union, without this completely reducing the meaning of the regulation for the UK though; and third, the European Union has enacted Directive (EU) 2019/1023 on preventive restructuring and insolvency. Moreover, since 2016, the Court of Justice of the European Union (CJEU) has delivered significant new judgments, albeit regarding the Regulation (EU) 1346/2000; national courts have started applying the prescriptions of Regulation (EU) 2015/848; scholars have produced numerous papers and commentaries on Regulation (EU) 2015/848; and the United Nations Commission on International Trade Law (UNCITRAL) has issued relevant new documents such as the 2018 'Model Law on Recognition and Enforcement of Insolvency-Related Judgments' and the 2019 'Model Law on Enterprise Group Insolvency'.The second edition of this textbook maintains its original purpose of providing readers with a user-friendly framework so that they may understand the rationale of Regulation (EU) 2015/848 and be consistent in their application of its prescriptions. However, in order to analyse the impact of the new events and discuss the most recent interpretations of judges and scholars, each chapter has been given new bibliographical references, supplemented with further observations, and, in some cases, even reorganised.

This book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success.Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor's assets. It also tackles the legal processes and how a reorganization can be commenced.The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decision-making powers to the right persons. It considers how each regime deals with the assets involved and whether there are rules to reverse payments made during the crisis and the possibility of a set-off claim. Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions.Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.

This textbook deals with the foundations and key issues of corporate insolvency law and approaches the topic from a comparative perspective, i.e. it does not concentrate on one insolvency law in particular but rather introduces the relevant rules from various jurisdictions, primarily England (and Wales), France, Germany, and those of the USA. It is case focused and designed for learning and teaching corporate insolvency law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features:Uses numerous practical examples to illustrate key conceptsProvides both in-depth information for advanced readers and accessible information for beginners in the fieldSuccinctly evaluates case law and literatureFollows a comparative law approach with a principle-based methodology in order to fully explore the most important issuesThis enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them.

Key Features:

Uses numerous practical examples to illustrate key conceptsProvides both in-depth information for advanced readers and accessible information for beginners in the fieldSuccinctly evaluates case law and literatureFollows a comparative law approach with a principle-based methodology in order to fully explore the most important issues

This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features:Uses numerous practical examples to illustrate key conceptsProvides both in-depth information for advanced readers and accessible information for beginners in the fieldSuccinctly evaluates case law and literatureFollows a comparative law approach with a principle-based methodology in order to fully explore the most important issuesThis enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.

This authoritative Commentary presents a comprehensive analysis of two essential model laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonize cross-border insolvency law.Two of the leading voices in the field, Reinhard Bork and Michael Veder, bring together a team of experts to trace the adoption and transposition of the UNCITRAL model laws from their inception through to their interpretation by national courts in various jurisdictions across Australasia, Europe, North America, South America and Africa, offering an overarching perspective alongside an evaluation of significant case law and literature. Chapters define key terms such as foreign main proceedings and foreign non-main proceedings, as well as exploring the challenges faced when applying the model laws to different types of proceedings. The contributions underscore the importance of the model laws in facilitating recognition and cooperation between different national courts, and illuminate their meaning in order to allow courts and practitioners to interpret and apply their national laws as uniformly as possible.Key Features:Detailed article-by-article examination of the MLCBI and MLIJ by leading international expertsIn-depth evaluation of the role of foreign representatives and creditors to courts in enacting statesAnalysis of the model laws in relation to key cross-border insolvency cases.This is an invaluable resource for lawyers, judges, academics and students specializing in insolvency law. It is also of great interest to practitioners of commercial law, as well as arbitration and dispute resolution.

This authoritative Commentary presents a comprehensive analysis of two essential model laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonize cross-border insolvency law.

Two of the leading voices in the field, Reinhard Bork and Michael Veder, bring together a team of experts to trace the adoption and transposition of the UNCITRAL model laws from their inception through to their interpretation by national courts in various jurisdictions across Australasia, Europe, North America, South America and Africa, offering an overarching perspective alongside an evaluation of significant case law and literature. Chapters define key terms such as foreign main proceedings and foreign non-main proceedings, as well as exploring the challenges faced when applying the model laws to different types of proceedings. The contributions underscore the importance of the model laws in facilitating recognition and cooperation between different national courts, and illuminate their meaning in order to allow courts and practitioners to interpret and apply their national laws as uniformly as possible.

Key Features:

Detailed article-by-article examination of the MLCBI and MLIJ by leading international expertsIn-depth evaluation of the role of foreign representatives and creditors to courts in enacting statesAnalysis of the model laws in relation to key cross-border insolvency cases.

This is an invaluable resource for lawyers, judges, academics and students specializing in insolvency law. It is also of great interest to practitioners of commercial law, as well as arbitration and dispute resolution.

Reinhard Bork stellt in seinem Lehrbuch die grundlegenden Institutionen des Bürgerlichen Rechts dar. Es soll sowohl den Einstieg in das Bürgerliche Recht ermöglichen als auch Fortgeschrittenen und Praktikern auf dem Gebiet des Allgemeinen Teils des BGB als Nachschlagewerk dienen.Für die 4. Auflage wurde das gesamte Buch gründlich überarbeitet und insbesondere die seit der letzten Auflage erschienene Rechtsprechung und Literatur eingearbeitet. Außerdem erforderte die Berücksichtigung der Verbraucherrechterichtlinie erhebliche Veränderungen."Bork schafft es wie kein anderer ein fachlich hochkarätiges Lehrbuch zu schreiben, und dabei den Boden der Tatsachen nicht zu vergessen.ElbeLaw.de (04/2011)"[...] der von Bork verfasste AT besticht von Anfang bis Ende durch seine prägnante und strukturierte Darstellung sowie durch sprachliche Klarheit."Dirk Olzen JURA - Juristische Ausbildung - 2011, 275"Klar strukturiert und sprachlich prägnant schweift er nie vom vorgegebenen Pfad ab, sondern erfüllt das abstrakte Thema mit Leben. Einmal durchgearbeitet, ist der Grundstein für überdurchschnittliche Noten im Zivilrecht gelegt."Mirko Laudon JuraBiblio.de - http://www.jurabiblio.de/2011/09/bork-allgemeiner-teil-des-bgb.html (09/2011)"Ein auffallend positiver Punkt ist damit die sehr gut gelungene Darstellung der Zusammenhänge der verschiedenen §§ des Bürgerlichen Gesetzbuches. Es werden so nicht nur die Inhalte und Diskussionen gezeigt, sondern es wird ein umfassendes Verständnis beim Leser erzeugt. Es wird ein Bezug zu anderen Teilen des BGB geschaffen, der entweder später im Studium oder für Fortgeschrittene Verbindungen offenlegt wie in sonst kaum einem Buch."Matthias Gebhardt www.studjur-online.de (05/2011)Für Bibliotheken gelten bei diesem Titel abweichende Konditionen; bitte wenden Sie sich an den Vertrieb.

Nunmehr liegt auch Band 4 des Kommentars in Neuauflage vor. Der Stein ZPO - unverzichtbar für komplexere Fragestellungen in Wissenschaft und Praxis. Die hohe wissenschaftliche Qualität der Bearbeitung und die durch seinen Umfang ermöglichte tiefe Durchdringung der Materie sind seit Jahrzehnten Markenzeichen dieses Werks und werden von Nutzerinnen und Nutzern geschätzt. Auf der Grundlage in Kraft getretener Reformen, neuester Rechtsprechung und aktueller Literatur legen die Autoren dieses Bandes eine systematische Aufbereitung der zu kommentierenden Normen vor. §§ 271-299a (Christoph Thole); §§ 300-327 (Christoph Althammer).Was ist neu?• Die Änderungen durch das Gesetz zur Förderung des Einsatzes von Videokonferenztechnik in der Zivilgerichtsbarkeit und den Fachgerichtsbarkeiten (BGBl. I 2024, Nr. 237) sind in der Kommentierung berücksichtigt.• In der Vorschrift zur Elektronischen Akte (§ 298a ZPO) findet die Anpassung durch das Gesetz zur weiteren Digitalisierung der Justiz vom 12.07.2024 (BGBl. I Nr. 234) Berücksichtigung, ebenso die nunmehr seit 1.1.2026 verpflichtende elektronische Aktenführung.• Erstmals zu kommentieren war insbesondere der durch das Justizstandort-Stärkungsgesetz (BGBl. 2024 I, Nr. 302) mit Wirkung zum 1. April 2025 neu eingefügte § 273a ZPO zur Geheimhaltung von Geschäftsgeheimnissen.• Auch § 305b ZPO, eingefügt durch das Gesetz zur Umsetzung der Umwandlungsrichtlinie (BGBl. 2023 I, Nr. 51) mit Wirkung zum 1. März 2023 ist in der Neuauflage enthalten.• Weitere gesetzliche Änderungen sind abgebildet und kommentiert, Rechtsprechung und Literatur auf den neuesten Stand gebracht und analysiert.Die Auflage erscheint in 12 Bänden. Diese können sowohl einzeln als auch in Subskription bezogen werden.Digital ist der Kommentar auf der Plattform von beck-online verfügbar.Aus Rezensionen zur Vorauflage:»In der Gesamtbetrachtung wird der 12. Band der 23. Aufl. des Stein/Jonas den Anforderungen an einen Großkommentar, die er selbst werbend mit den Stichworten 'aktuell, gründlich, umfassend und übersichtlich' definiert, vollumfänglich gerecht.«Carl Friedrich Nordmeier GPR 6/2023, 246 »Beim ‚Stein/Jonas' handelt es sich nicht um einen beliebigen Kommentar zum Zivilprozessrecht, sondern mit seinen 12 Bänden um einen Großkommentar, der in einer langen Tradition steht und seit Jahrzehnten dem Leser seine Unterstützung bei der Lösung komplexer zivilprozessualer Fragen anbietet. [...] bietet er in hoher, wissenschaftlicher Qualität äußerst tiefgehende Bearbeitungen der Vorschriften der ZPO und dient damit vor allem bei nicht alltäglichen Problemen als wertvoller Begleiter. Insofern kann der Band nicht nur Wissenschaftlern, sondern auch Praktikern vollends empfohlen werden [...]«Fabian Bünnemann https://dierezensenten.blogspot.com/2020/06/rezension-zivilprozessordnung»Auch die 23. Auflage des Stein/Jonas bietet für Praxis und Wissenschaft eine aktuelle, gründliche, umfassende und übersichtliche Darstellung des Zivilprozessrechts. [...] Der Bearbeiterkreis gewährleistet eine gut aufeinander abgestimmte Kommentierung.«Monatsschrift für Deutsches Recht 2015, Heft 15, R17»Der Kommentar ist auch an dieser Stelle so nachdrücklich empfohlen worden, dass dem aus Anlass des jüngsten Bandes nichts hinzuzufügen ist. Wenn sogar der Mitautor eines Konkurrenzwerkes den Stein/Jonas als 'alles überragende Institution des Zivilprozessrechts' wahrnimmt, kann diese Empfehlung nicht ganz falsch sein.«Herbert Günther Staatsanzeiger für das Land Hessen 2010, 1439

Ob für Studierende, das Referendariat oder erste Schritte in der Praxis: Dank seiner klaren Struktur, zahlreicher anschaulicher Beispiele und der umfassenden Abdeckung insolvenzrechtlicher Themen eröffnet dieses Werk einen hervorragenden Zugang zum Insolvenzrecht - und dient darüber hinaus als verlässliche Lern- und Arbeitsgrundlage. Das Insolvenzrecht der InsO - stabil und zukunftsgewandt. Seit einem Vierteljahrhundert in Kraft, wird es stetig weiterentwickelt, etwa im Bereich der Sanierung oder der Verbraucherinsolvenz. Auch eine europäische Harmonisierung gerät zunehmend in den Fokus. Die vorliegende Neuauflage berücksichtigt insbesondere die Änderungen durch das MoPeG und bringt Rechtsprechung wie Literatur auf den neuesten Stand.„Mit dem Buch gelingt Bork ein wirklich guter Einstieg in das Insolvenzrecht, der Lust auf mehr macht."http://www.fsr-jura.uni-jena.de (12/2017)

Security rights are of fundamental importance to the granting of credit. They are generally considered to increase the availability and lower the cost of credit but there appear to be divergent views across Europe and elsewhere on the extent to which it should be possible to create security rights over assets.Moreover, laws in many countries avoidance laws strike at advantage gaining by creditors in the period immediately before formal insolvency proceedings are instituted. It is seen as potentially unfair to other creditors who may be forced into taking enforcement proceedings against the debtor and this may precipitate the premature liquidation of the debtor with an overall loss of economic value.The book will assess the conception of security rights according to the different European legal traditions. It will also evaluate the appropriateness of the protection given to security rights in light of:- developments in those European legal traditions;- the objective of the Insolvency Regulation to facilitate the more effective administration of cross-border insolvency cases;- the need for security in the context of the financial crisis;- the basic principles of ensuring fairness between creditors;- forestalling premature liquidation; and- reinforcing the collective nature of the insolvency process.The growth strategy put forward by the European Commission, Europe 2020, is designed to achieve economy recovery and sustainable growth, targeting as primary goals a higher investment rate and the preservation of employment. The rescue of troubled enterprises is at the core of this strategy and the book plots the alignment between this strategy and the evolution of the Insolvency Regulation.The objective is to facilitate a situation where economic and social systems are adaptable, resilient and fair; where economic activity is sustainable; and where human values are respected.

The thesis of this book is that cross-border insolvency rules of all kinds (e.g. European Insolvency Regulation, UNCITRAL Model Law, ALI Principles for the NAFTA States, national laws such as Chapter 15 US Bankruptcy Code or Sch. 1 Cross-Border Insolvency Regulation 2006) are founded on, and can be traced back to, basic values and that they aim to pursue and enforce such standards. Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication, subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtors assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)). Using the principle-oriented approach, the book will have a significant impact for both deciding cases and shaping cross-border insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions, for example where the treatment of secured creditors, support for foreign insolvency practitioners or even harmonisation of cross-border insolvency laws is at stake.

This textbook deals with the foundations and key issues of corporate insolvency law and approaches the topic from a comparative perspective, i.e. it does not concentrate on one insolvency law in particular but rather introduces the relevant rules from various jurisdictions, primarily England (and Wales), France, Germany and those of the USA. It is case focused and designed for learning and teaching corporate insolvency law. The 2nd edition covers the latest case law and developments in the topic.“ It is clear that extensive research went into this book and that it is an extremely valuable step forward in learning on the topic. It will be very helpful to all those who embark on a study of insolvency and restructuring law and I have no doubt that it will find its way in academia and practice.” From the Foreword by Professor Michael Veder, Radboud UniversityPROF. DR. REINHARD BORK is Professor of Law at the University of Hamburg, Germany, where he held the chair for Civil Procedural Law until 2022. He has held the position of Dean of the Law Faculty, was Robert S. Campbell Visiting Fellow at Magdalen College Oxford twice, and is currently also Visiting Professor for International Insolvency Law at Radboud University Nijmegen/the Netherlands and Senior Research Fellow, Commercial Law Centre, Harris Manchester College, Oxford/UK. He has previously served as a judge at the Upper State Court (Court of Appeal) in Hamburg, the Commercial Law Division. He has considerable experience as an arbitrator in national and international cases.PROFESSOR BORK is the author of Principles of Cross-Border Insolvency Law, a groundbreaking study on the impact of basic tenets underlying international insolvency law. which was published by Intersentia in 2017. He co-authored – together with Professor Michael Veder – Harmonisation of Transactions Avoidance Laws, also published by Intersentia in 2022.