Advanced Search

Law on the challenge of legal acts of a debtor outside the insolvency proceedings

Original Language Title: Gesetz über die Anfechtung von Rechtshandlungen eines Schuldners außerhalb des Insolvenzverfahrens

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the challenge of legal acts of a debtor outside the insolvency proceedings (Act of Insolvency Act-AnfG)

Unofficial table of contents

AnfG

Date of completion: 05.10.1994

Full quote:

" Act of Rights of the 5. October 1994 (BGBl. 2911), as last amended by Article 16 of the Law of 9 December 2010 (BGBl I). I p. 1900) "

Status: Last amended by Art. 16 G v. 9.12.2010 I 1900

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 1.1999 + + +)

The G has been decided by the Bundestag as Article 1 G v. 5.10.1994 I 2911 (EGInsO). It's gem. Art. 110 (1) of this G mWv 1.1.1993 entered into force. Unofficial table of contents

§ 1 Principle

(1) Legal acts of a debtor who are at the disadvantage of his creditors may be challenged outside the insolvency proceedings in accordance with the following provisions. (2) A omission shall be the same as an act of legal action. Unofficial table of contents

§ 2 Eligible persons

Any creditor who has obtained a enforceable debt and whose claim is due shall be entitled to challenge if the enforcement of the debtor's assets does not lead to full satisfaction of the creditor. or if it is to be assumed that it would not lead to it. Unofficial table of contents

§ 3 Intentional deprivation

(1) The debtor shall be subject to a legal act which the debtor has made in the last ten years prior to the dispute with the aim of enacting his creditors, if the other part at the time of the act knew the principal of the debtor. This knowledge is presumed if the other part knew that the insolvency of the debtor was threatened and that the action was at a disadvantage by the creditors. (2) The debtor is a debtor with a person close to the debtor (§ 138 of the insolvency order). closed contract, which directly discriminates against its creditors. The dispute shall be excluded if the contract was concluded earlier than two years before the dispute or if, at the time of the conclusion of the contract, the other part was not aware of the debtor's attachment to the creditors. Unofficial table of contents

§ 4 Free performance

(1) The debtor's performance shall be free of charge, unless it has been carried out earlier than four years before the challenge. (2) The performance shall be based on a common casual gift of low value, it shall not be Countervailable. Unofficial table of contents

§ 5 Legal acts of the heir

If the heir has fulfilled obligations, legacies or obligations arising from the succession, a creditor who, in the insolvency proceedings on the remission, would be the recipient of the performance in the rank or would be able to perform the performance in in the same way as a free performance of the heir. Unofficial table of contents

§ 6 Shareholders ' Loans

(1) A legal act which is applicable to the claim of a shareholder on the return of a loan within the meaning of Section 39 (1) (5) of the Insolvency Code or for an equated claim shall be subject to legal action.
1.
has been secured if the action has been carried out in the last ten years before the enforceable debt has been obtained or thereafter; or
2.
has been granted if the action has been carried out in the last year prior to the execution of the enforceable debt or thereafter.
If a request for the opening of insolvency proceedings has been dismissed in accordance with Article 26 (1) of the Insolvency Code before the creditor has obtained a enforceable debt title, the period of grace shall begin with the application for the opening of the insolvency order. Insolvency proceedings. (2) The dispute shall be excluded if, after the end of the year in which the creditor has acquired the enforceable debt, three years have elapsed. If the act was subsequently carried out, the dispute shall be excluded three years after the end of the year in which the act was carried out. Unofficial table of contents

§ 6a Secured loans

A legal act with which a company has granted satisfaction to a third party for a claim on the return of a loan within the time limits referred to in the first sentence of Article 6 (1) (2) and the second sentence of Article 6 (2) shall be challenged if a shareholder is responsible for the A request for a security had been ordered or was deemed to be a guarantor; this shall apply in the case of benefits to claims which are economically equivalent to a loan. Section 39 (4) and (5) of the Insolvency Regulations and Section 6 (2) shall apply accordingly. Unofficial table of contents

Section 7 Calculation of time limits

(1) The time-limits specified in § § 3 and 4 shall be returned from the date in which the challenge is brought to court. (2) If the creditor had obtained a enforceable debt or his claim is due, the creditor shall have to pay his or her claim. If the defendant was informed in writing of his intention to challenge the legal act, the time limit shall be set back from the date of receipt of the notification if, at that time, the debtor was incapable of taking the creditor into account. , and if, by the end of two years since that date, the challenge of dispute (3) The period of time is not included in the time limits during which the measures were ordered in accordance with Article 46 (1), second sentence, points 4 to 6 of the Banking Act. Unofficial table of contents

§ 8 Date of acceptance of a legal act

(1) A legal act shall be deemed to have been carried out at the time when its legal effects occur. (2) For the effective operation of a legal transaction, an entry in the land register, in the register of ships, in the shipbuilder's register or in the register shall be valid for the purposes of As soon as the remaining conditions for the operation of the aircraft are fulfilled, the legal transaction shall be deemed to have been carried out as soon as the remaining conditions for the operation of the aircraft have been fulfilled, the declaration of intent on the part of the debtor has become binding on him and the other part shall submit the application on the registration of the legal amendment. If the application for the registration of a notice has been made in order to secure the right to change the law, the first sentence shall apply on the condition that the application for the registration of the amendment is replaced by the application for registration of the amendment. (3) or temporary legal act, the entry of the term or of the date shall be disregarded. Unofficial table of contents

§ 9 Dispute by objection

The dispute may be invoked by way of plea before a enforceable debt has been obtained for the claim, but the creditor shall attach it before the decision within a time limit to be determined by the court. Unofficial table of contents

Section 10 Enforceable title

The dispute shall not be ruled out by the fact that an enforceable debt is obtained for the act of legal act, or that the act has been obtained by means of enforcement of the law. Unofficial table of contents

§ 11 Legal consequences

(1) The creditor must be made available to the creditor in so far as it is necessary for his satisfaction by the countervailable act of dispelling, giving away or abandonment of the debtor's assets. The provisions relating to the legal consequences of unjustified enrichment, in which the recipient is aware of the lack of the legal reason, shall apply accordingly. (2) The recipient of a free service shall only have access to it at the disposal of the recipient. , as far as it is enriched by it. This shall not apply as soon as he or she knows or in the circumstances must know that the unremunerated benefit disadvantages the creditors. (3) In the case of the dispute referred to in § 6a, the shareholder who had ordered the security or was liable as a guarantor shall have the following: Enforcement in his assets up to the amount of the amount by which he or she was liable as a guarantor or who, at the time of the return of the loan or of the benefit, the value of the security he has ordered to the equivalent claim . The shareholder shall be free from the obligation if he makes available to the creditor the items that had served the creditor as collateral. Unofficial table of contents

§ 12 Claims of the counterparty

In view of the reimbursement of a consideration or of a claim which is resurrected as a result of the dispute, the defendant may only abide by the debtor. Unofficial table of contents

Section 13 Specific application for action

If the claim for appeal is claimed in the course of the action, the application for action shall determine the extent and manner in which the defendant is to make available to the defendant the person who has been received. Unofficial table of contents

§ 14 Preliminary enforceable debt. Conditional judgment

Where the creditor's debt is only provisionally enforceable, or a judgment delivered under reservation is present, the judgment declaring that the right to appeal shall be made conditional on the execution of that judgment shall be subject to the condition that the person against whom the debt is to be subject to the The debtor shall be validly or unreservedly made a decision. Unofficial table of contents

Section 15 Dispute against legal successor

(1) The countervailability can be asserted against the heir or any other overall legal successor of the counterparty. (2) Against any other legal successor, the countervailability can be asserted:
1.
if, at the time of his acquisition, the legal successor was aware of the circumstances justifying the challenge of the acquisition of his right-in-law;
2.
if the legal successor at the time of his acquisition belonged to the persons close to the debtor (§ 138 of the Insolvency Code), unless the circumstances were unknown to him at that time, which were the subject of the challenge of the acquisition of his or her own. Justify the right-wing worker;
3.
if the legal successor has been granted the proceeds free of charge.
(3) In order to extend the time limits pursuant to section 7 (2), the written notice to the successor in law against which the dispute is to take place shall suffice. Unofficial table of contents

Section 16 Opening of the insolvency proceedings

(1) Where insolvency proceedings are opened on the assets of the debtor, the insolvency administrator shall be entitled to pursue the appeal claims raised by the insolvency creditors. (2) If an insolvency creditor has already obtained assurance or satisfaction before the opening of the insolvency proceedings on the basis of his claim for appeal, the following shall apply. 130 of the insolvency order accordingly. Unofficial table of contents

Section 17 Interruption of proceedings

(1) If the proceedings relating to the appeal at the time of the opening of the insolvency proceedings are still legally valid, it shall be interrupted. It may be accepted by the insolvency administrator. If the admission is delayed, Section 239 (2) to (4) of the Code of Civil Procedure shall apply accordingly. (2) The insolvency administrator may extend the application for a plea in accordance with § § 143, 144 and 146 of the Insolvency Code. (3) The insolvency administrator shall be subject to the admission of the insolvency administrator. of the dispute, it may be taken up in respect of the costs of any party. The refusal of admission does not preclude the right of the insolvency administrator to claim the right of appeal in accordance with the provisions of the insolvency order. Unofficial table of contents

Section 18 Termination of insolvency proceedings

(1) After the termination of the insolvency proceedings, any appeal claims which the insolvency administrator could claim can be prosecuted by the individual creditors under this Act, unless the right of objection against the insolvency proceedings against the (2) If the right of appeal was not brought before the opening of the insolvency proceedings, the time limits specified in § § 3 and 4 shall be calculated from that date when the right to appeal is made. up to the end of a year since the end of the insolvency proceedings shall be brought to court. The first sentence shall apply to the time limits specified in § § 6 and 6a with the proviso that the enforceability of the enforceable debt title shall be replaced by the court in which the claim for appeal has been made in court. Unofficial table of contents

Section 19 International law of appeal

In case of facts with foreign contact, the right to the challenge of an act of legal action is governed by the law which is subject to the effects of the act of legal act. Unofficial table of contents

§ 20 Transitional rules

(1) This Act shall apply only to the legal acts carried out before 1 January 1999, unless they are withdrawn or to a lesser extent subject to the law of the dispute. (2) The law relating to the dispute of a debtor's legal acts outside the bankruptcy proceedings in the revised version published in the Bundesgesetzblatt, Part III, outline number 311-5, as last amended by Article 9 of the Law of 4 July 1980 (BGBl. 836), shall be repealed. However, it should continue to be applied to cases in which the legal challenge was brought before 1 January 1999. (3) The provisions of this Act in the law of 23 January 1999 as from the date of entry into force of the Law of 23 May 1999. October 2008 (BGBl. 2026), as amended on 1 November 2008, apply only to legal acts performed before 1 November 2008, in so far as they are not withdrawn or, to a lesser extent, subject to the law of the dispute; otherwise, shall continue to apply the provisions applicable until 1 November 2008.

Footnote

(+ + + § 20 (2) sentence 2: For application, see Art. 97 § 11b sentence 2 AOEG 1977 + + +)
Section 20 (2) Sentence 1 italics: repeal rule; printed to the understanding of sentence 2