Book contents
- Frontmatter
- Contents
- Preface
- Table of abbreviations
- Table of legislation
- Table of cases
- Terminology
- 1 Introduction
- 2 Avoidance of acts that are detrimental to creditors
- 3 Capital maintenance and unlawful distributions
- 4 Directors' liability for contraventions of capital maintenance rules
- 5 Directors' liability for conduct in the vicinity of insolvency
- Conclusions
- Appendix: Statutory provisions
- Editorial note on German sources
- Bibliography
- Company Law Review consultation documents
- Index
Editorial note on German sources
Published online by Cambridge University Press: 29 July 2009
- Frontmatter
- Contents
- Preface
- Table of abbreviations
- Table of legislation
- Table of cases
- Terminology
- 1 Introduction
- 2 Avoidance of acts that are detrimental to creditors
- 3 Capital maintenance and unlawful distributions
- 4 Directors' liability for contraventions of capital maintenance rules
- 5 Directors' liability for conduct in the vicinity of insolvency
- Conclusions
- Appendix: Statutory provisions
- Editorial note on German sources
- Bibliography
- Company Law Review consultation documents
- Index
Summary
1. Statutes: The symbol § (denoting ‘Paragraph’) is the equivalent of a section in an English statute. A sub-paragraph (Absatz) will be indicated by brackets. In some cases, a sub-paragraph is further divided and this will be indicated by ‘n.’ for ‘number’ (Nummer).
Example: ‘§ 131 (1) n. 1 InsO’ should be read as: ‘paragraph 131 sub-paragraph 1 number 1 of the German Insolvenzordnung’.
A full list of abbreviations of statutes can be found in the Table of abbreviations.
2. Cases: Cases in Germany do not normally have case names. They are instead cited by giving the court, the date of the decision, the court file number (optional), and one or several case reports. Law journals in Germany also function as case reports. Where, exceptionally, a case is known by a name, that name will be added in brackets.
In the footnotes of this book, German cases are cited by reference to the official case reports ‘BGHZ’ (where applicable) and to the ‘Neue Juristische Wochenschrift’ (NJW, perhaps the most widely read law journal in Germany). References to the ‘Zeitschrift für Wirtschaftsrecht’ (ZIP) or any other law journal are only given if a case has been reported neither in BGHZ nor in NJW. Further references are given in the table of cases.
Example: BGH 6.6.1994, BGHZ 126, 181 = NJW 1994, 2220. In the case of BGHZ the first number indicates the volume, whereas in the case of NJW or all other law journals the first number indicates the year. The second number always indicates the page.
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- Creditor Protection in Private CompaniesAnglo-German Perspectives for a European Legal Discourse, pp. 280 - 282Publisher: Cambridge University PressPrint publication year: 2009