StaRUG Kommentar

The first edition of this work provides a comprehensive commentary on the Corporate Stabilisation and Restructuring Act (StaRUG) of 22 December 2020, which introduced a new external insolvency restructuring procedure. This new procedure closes the gap left by the previous restructuring law between the area of free, but consensus-based restructuring on the one hand and court-assisted restructuring on the other.

The commentary has a critical academic orientation and aims to be a forward-thinking guide for restructuring practice. In this context, the Restructuring Act is not understood as an annex to insolvency law, but as an independent area of law that also takes into account restructuring company law and restructuring financing law. In addition, the basis of EU law is analysed and the practice of restructuring procedures in other countries (the Netherlands, Great Britain) as well as aspects of tax law are examined.