Declaration of bankruptcy
Declaration of bankruptcy (also: "Declaration of bankruptcy" or declaration of bankruptcy) in the narrower sense is the public announcement of the insolvency of a natural or legal person ( debtor ) that has so far only been known internally (not just payment stoppage ). There are different legal consequences in each state with regard to z. B. on the permissible in-house or third-party administration of assets, payment to creditors , withdrawal of assets, etc.
In a broader sense, a declaration of bankruptcy is understood to mean the failure of an idea, an endeavor, etc., which is often not (only) related to a financial failure.
Bankruptcy law
The declaration of bankruptcy (declaration of bankruptcy, bankruptcy, insolvency etc.) is
- a declaration by the debtor of his insolvency or
- a statement from the court that the debtor is to be considered insolvent at a certain point in time.
If national law provides for the debtor to declare bankruptcy, in many cases this has to be made in a specific form and / or on relevant forms to a state authority or the court and must usually already contain basic information on the asset situation. If a court declares the debtor to be insolvent at a certain point in time, various rights and obligations of the debtor, the previous and new creditors are associated with this point in time (see e.g. § 283 , § 17 Paragraph 2 InsO).
The declaration of bankruptcy is always preceded by insolvency, impending insolvency due to insufficient liquidity or over-indebtedness .
Criminal law
In Austria and Liechtenstein , bankruptcy in criminal law is understood to mean fraudulent crime (§ 156 ÖStGB; § 159 FL-StGB). Also an insolvency crime in German criminal law . For all of these insolvency offenses, the previous declaration of bankruptcy is required in order to be able to fulfill the criminal offense at all.
Declaration of bankruptcy in other contexts
The term “declaration of bankruptcy” for the (final) failure of conceptions, ideas, social forms etc. in the figurative sense for a spiritual, moral, political, technical, sporting etc. inability after a previous effort is used in various ways, especially in the media . So z. B.
- "This is a bankruptcy declaration of the Austrian educational policy",
- "Declaration of bankruptcy of the German economy"
- "Bankruptcy declaration of an ex-top team",
- "Bankruptcy Declaration of Religious Education",
- "Left accuses Merkel of" declaring bankruptcy "",
- "A political declaration of bankruptcy",
Failure is not always understood as something final, irrevocable or complete, and often only from the point of view of a particular person or with regard to a contrary idea that stands as an alternative to the failed one.
Even Albert Schweitzer used the term bankruptcy declaration, mutatis mutandis, in an often used quote: " renunciation of thinking is intellectual bankruptcy declaration ".
See also
Web links
Individual evidence
- ↑ In English, “declaration of bankruptcy” means both “bankruptcy declaration” / “bankruptcy declaration” as well as “bankruptcy opening” and “bankruptcy petition” (Beseler, Dora von; Barbara Wüstefeld: “Law dictionary”, 4th revised and expanded edition, de Gruyter Verlag , Berlin; New York 1986, p. 161, ISBN 3-11-010716-3 .)
- ^ Wirtschaftsblatt ( Memento from April 14, 2014 in the Internet Archive ), April 11, 2014.
- ↑ Susanne Amann. Dinah Deckstein, Ann-Katrin Müller: The bankruptcy declaration . In: DER SPIEGEL . Issue 1, 2016, p. 60-62 . , Quote: page 60.
- ↑ Wolfsburger Allgemeine from April 17, 2016.
- ^ The daily mail of September 13, 2016.
- ↑ Deutschlandfunk, July 28, 2016.
- ↑ Cicero , Magazine for Political Culture, July 18, 2016 on Donald Trump's official presidential candidacy for Republicans.
- ↑ "From my life and thinking", epilogue.
