wir858 - Capital market law, insolvency law (Complete module description)

Upon completion of the module, students will be able to:

• demonstrate a knowledge of the basics of insolvency law and insolvency proceedings law as well as the basics of banking law and capital market law.
• classify insolvency law with its functions as enforcement law, restructuring law, and the right to alter a relationship in business life.
• demonstrate a knowledge of the positions of the groups involved (creditors, debtors, the responsible bodies of legal persons) in the insolvency proceedings, including the rights and obligations of the groups involved in the process and in the run-up to the crisis, as well as the discharge of residual debt as a rehabilitation option for natural persons.
• demonstrate a familiarity with the principles of the legitimacy verification pursuant to the general tax code, money laundering, bank secrecy, and the information requirements of credit institutions.
• identify the functions of banking and capital market law as well as modern insolvency law.
• use these functions in practical examples.
• assess the progress of insolvency proceedings, including their requirements on creditors and debtors.

The module deals with banking and capital market law as well as insolvency and insolvency proceedings law within two separate lectures.

The main focus of the lecture in banking and capital market law is banking law. After an introduction to general banking law, the most important legal questions regarding collateralisation of loans are discussed. Additionally, the topics of the legitimacy verification pursuant to the general tax code, money laundering, bank secrecy, and the information requirements of credit institutions are discussed. Subsequently, the basic principles of securities law are discussed. Their legal basis and the economic background are analysed. Where possible, the interrelations between the various securities and the events of the financial market crisis will be discussed.

The lecture Insolvency Law deals with the basics of debt enforcement and insolvency law. Procedures will be shown and explained.
The first part deals with company insolvency law, the second part with consumer insolvency and residual debt relief law.

Current literature references are given in the events.

end of semester

seminar paper and presentation or
term paper or
oral exam