Prof. Dr. Skauradszun lectured at Nottingham Trent University

Foto: HS Fulda

Law School included Fulda professor to LLM seminars.

Professor Dr. Dominik Skauradszun lectured on “Director Liabilities”, “Corporate Restructuring“ and “European Insolvency Law“ at the Law School of Nottingham Trent University in March 2018. Nottingham Trent University is the winner of the “University of the Year” competition awarded by Times Higher Education. The university educates 27,000 students at all levels. Nottingham Law School is one of the largest law schools in the UKwith over 100 academic staff and 2,500 students.

Dominik Skauradszun was included in the LLM seminars conducted by Professor Rebecca Parry – one of the leading insolvency professors in Europe – and Dr. Alexandra Kastrinou. Here, Dominik Skauradszun presented his latest research about director liabilities, which focuses on the question when the emphasis of the directors’ actions shall shift from the shareholders’ interests to the creditors’ interests. While in the event of a facultative initiation application (imminent insolvency) the director has to direct the decision in the interests of the company and its shareholders and restructuring requests may not go against the declared will of the shareholders' meeting, he or she has to direct all actions in the interest of the creditors and comply with goals of the insolvency framework if the initiation application is mandatory (illiquidity or over-indebtedness occurred). This view seems to prevail in recent years in Germany. In Australia and the UK, however, the courts have decided cases in that sense since 1986.

Furthermore, Prof. Skauradszun spoke about his latest results in European insolvency law that he published at the end of 2017 in the commentary edited by Kübler/Prütting/Bork. Here, he authored chapters about the mutual recognition principle of restructuring and insolvency proceedings and the effects of recognition (Article 19 et seq. EIR).