Steffen Furche Das Gesamtgrundpfandrecht in der Insolvenz (Hardback)
$ 85.07
Description
Further Details Title: Das Gesamtgrundpfandrecht in der Insolvenz Condition: New Format: Hardback Subtitle: Unter besonderer Berücksichtigung seiner Entstehung ISBN-10: 3899492587 EAN: 9783899492583 ISBN: 9783899492583 Edition: Reprint 2011 Publisher: De Gruyter Release Date: 10/17/2005 Description: [The Gesamtgrundpfandrecht (Blanket Mortgage) in Insolvency. With Special Consideration to its Creation] How does a blanket mortgage work in the mortgagee's insolvency proceedings? This question led the author to the present investigation. The thesis moves between the laws regarding safeguarding of creditors and insolvency. After penetrating the doctrine behind its creation, the blanket mortgage is woven into the instruments regulating insolvency law. The creation and defeasibility of the blanket mortgage is analyzed after investigating the structure and organization of this overarching right in rem by examining its counterpart in lien law. One of the piece's linchpins is the teleology of Sections 1132 and 1222 German Civil Code. This leads back to the basic Roman legal principle of the entirety of the pledge liability - indivisa pignoris causa -. By using this principle and the structural principles and guidelines of property law, conclusions necessary for the legal creation of a blanket mortgage are drawn and then entered into the system of restraint on alienation and acquisition pursuant to Sections 81, 91 German Insolvency Statute (Insolvenzordnung) as well as those for contesting insolvency pursuant to Sections 129 ff German Insolvency Statute. Language: German Country/Region of Manufacture: DE Item Height: 230mm Item Length: 155mm Item Weight: 669g Author: Steffen Furche Genre: Law & Politics Release Year: 2005 Missing Information? Please contact us if any details are missing and where possible we will add the information to our listing.
