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Part 3 · Effects of opening insolvency proceedings  ›  Division 2 · Performance of transactions. Cooperation of works council › Section 108

Continuity of certain continuous obligations

(1) Contracts concluded by a debtor for the lease and tenancy of immovables or premises and the debtor’s employment relationships continue to exist, but to the credit of the insolvency estate. This also applies in respect of rental and lease contracts concluded by the debtor as landlord or lessor relating to other effects assigned as a security to a third party which had financed their acquisition or production.

(2) A loan relationship entered into by the debtor as the lender continues with effect for the assets insofar as the object owed is made available to the borrower.

(3) Claims arising before the insolvency proceedings were opened may be brought by the other party only as an insolvency creditor.

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