Bankruptcy
The Gesamtgutsinsolvenz is next to the estate bankruptcy proceedings a special type of insolvency proceedings . The subject matter is either the collective property of a continued community of property ( Section 332 InsO ) or the collective property of a community of property that is jointly administered by the spouses ( Section 333 InsO).
General
The insolvency regulations stipulate that, in addition to the standard insolvency proceedings, one of the special types of proceedings, insolvency proceedings can also be opened (§§ 11 (2), 333 ff. InsO). One speaks here of special insolvency proceedings or of particular bankruptcy. While in normal insolvency proceedings the principle of universal insolvency applies, according to which the entire assets of the debtor are liable, in collective insolvency proceedings only the collective property is liable as separate assets or particular assets of the spouses or descendants. The couple, as Gesamthänder with the common property liable who, along with her still special or separate property as own assets. In the continued community of property, the descendants have their own private wealth in addition to the common property. Another insolvency procedure is possible over the special or conditional property of one or both spouses, as well as over the private property of one or all descendants of the continued community of property.
literature
- Ruby, Die Erbenhaftung, Volume 9 of the series of publications of the German Forum for Inheritance Law eV ISBN 3-933320-11-9
