Entschuldung durch Privatrecht

Most insolvency petitions filed by natural persons are aimed at obtaining a discharge of residual debt. However, the legitimacy of this instrument in the interest of debtors or creditors remains unclear. Jakob Teigelkötter reconciles residual debt discharge with the general civil law principles of liability and personal responsibility. Jakob Teigelkötter explores the reconciliation of residual debt discharge with the general civil law principles of liability and personal responsibility. The study commences with an examination of the historical origins of the German regulatory framework and the US model. The author develops a justification that does not rely on arguments of public interest, instead deriving it from the interests of the debtor and the creditors. The work builds on this foundation, formulating guidelines for the interpretation of applicable law and submitting reform proposals for a consistent debt relief for natural persons.