(1) A transaction may be contested by means of which a part or all of a silent partner’s interest was restituted to him or her, or by means of which a part or all of a silent partner’s share in accrued losses was waived if the basic agreement was reached during the last year prior to the request to open insolvency proceedings for the property owned by the manager of the business or subsequent to such request. This also applies if such agreement resulted in the liquidation of the silent partnership.
(2) Contention is ruled out if a reason to open insolvency proceedings became existent only subsequent to the agreement.