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Das Gesamtgrundpfandrecht in Der Insolvenz: Unter Besonderer Berucksichtigung Seiner Entstehung by Steffen Furche

Das Gesamtgrundpfandrecht in Der Insolvenz: Unter Besonderer Berucksichtigung Seiner Entstehung

by Steffen Furche
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Book cover type: Hardcover
  • ISBN13: 9783899492583
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Walter de Gruyter
  • Publisher Imprint: Walter de Gruyter
  • Publication Date:
  • Pages: 319
  • Original Price: USD 196.0
  • Language: German
  • Edition: Reprint 2011
  • Item Weight: 477 grams
  • BISAC Subject(s): General

[The Gesamtgrundpfandrecht (Blanket Mortgage) in Insolvency. With Special Consideration to its Creation]
How does a blanket mortgage work in the mortgagee's insolvency proceedings? This question led the author to the present investigation. The thesis moves between the laws regarding safeguarding of creditors and insolvency. After penetrating the doctrine behind its creation, the blanket mortgage is woven into the instruments regulating insolvency law. The creation and defeasibility of the blanket mortgage is analyzed after investigating the structure and organization of this overarching right in rem by examining its counterpart in lien law.
One of the piece's linchpins is the teleology of Sections 1132 and 1222 German Civil Code. This leads back to the basic Roman legal principle of the entirety of the pledge liability - indivisa pignoris causa -. By using this principle and the structural principles and guidelines of property law, conclusions necessary for the legal creation of a blanket mortgage are drawn and then entered into the system of restraint on alienation and acquisition pursuant to Sections 81, 91 German Insolvency Statute (Insolvenzordnung) as well as those for contesting insolvency pursuant to Sections 129 ff German Insolvency Statute.

Steffen Furche is an attorney in Dresden, a university lecturer, and author of various publications.

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