Ebert:Der Überschuldungsbegriff in § 19

This work sheds light on the concept of over-indebtedness in Section 19 (2) InsO and records the current status of the ongoing discussions surrounding the concept. The work first presents the historical development of the term, followed by a categorisation of over-indebtedness as a reason for opening insolvency proceedings. In essence, the two elements of the term, arithmetical overindebtedness and the going concern prognosis, are analysed. Based on the findings, a critical appraisal compares the simple two-stage concept of overindebtedness with the modified two-stage concept. Finally, the necessity of the concept is analysed and suggestions for modification are presented and evaluated.