Debtor
Common debtor (also: Konkursit, Kridar, Kridatar ) is the name of the debtor under Swiss law after a general execution against his property has been opened; the term is used in Art. 237 para. 3 no. 2 DEBA . The debtor suffered by the opening of bankruptcy many restrictions on its right position: Thus, in particular acts which the debtor with respect to the bankruptcy carries associated assets, bankruptcy creditors against irrelevant (type 204, Section 1 SchKG..). On the other hand, the debtor can freely dispose of assets that have been developed after bankruptcy has opened.
The old German bankruptcy code also referred to the debtor, whose assets were in bankruptcy proceedings, as joint debtors . The new bankruptcy code only speaks of “debtor”; The expression "bankruptcy debtor" is also common.
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- ↑ Hunziker / Pellascio, p. 181
