Academic statement on bank insolvency law

In June 2024, the International Institute for the Unification of Private Law(UNIDROIT), based in Rome, Italy, published a comprehensive draft guideline(s) for national legislators in the area of bank insolvency law. The aim is to achieve as harmonised a legal framework as possible for bank insolvencies.

UNIDROIT has 65 member states that are working on such legal harmonisation in various working groups. At the suggestion of the Max Planck Institute for Legal History and Legal Theory in Frankfurt a.M., Judge at the Higher Regional Court Prof. Hon.-Prof. Dr Dominik Skauradszun, LL.M. has handed in an assessment from the perspective of European and German banking insolvency law. The statement can be viewed here.

Prof Skauradszun is the author of a 270-page comprehensive commentary on German banking insolvency law in Beck/Samm/Kokemoor, C.F. Müller. He has analysed 26 bank insolvencies in Germany in the last ten years or so. Prof Skauradszun is also consulted as an expert on banking insolvency law by the Federal Ministry of Finance, the German Bundesbank, the Permanent Representative of the Federal Republic of Germany to the European Union in Brussels and the Swiss Financial Market Supervisory Authority FINMA in Bern/Switzerland. This year, he was an expert in the German Bundestag. The statement was supported by Professor Dr Paula Moffatt from Nottingham Law School and the research employees and doctoral candidates Sebastian Böhning and Jeremias Kümpel.