Die Anerkennung ausländischer Insolvenzverfahren in der Schweiz

Classical insolvency proceedings essentially serve the state-enforced enforcement of private claims. It is precisely this compulsory enforcement character that leads to a territorial character of the matter, which is strongly reflected in Swiss international bankruptcy law: According to IPR law, international cooperation under insolvency law is only possible within the narrow limits of the "IPRG bankruptcy", which is designed as a legal assistance procedure. More universally conceived are the procedures in Germany, Austria or in the EU Insolvency Regulation, where in principle a genuine extension of effect is possible. The present study examines these different systems from a comparative legal perspective. Special consideration is given to the ongoing revision of the 11th chapter of the IPRG.