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Part 3 · Effects of opening insolvency proceedings  ›  Division 3 · Contest of debtor’s transactions in insolvency proceedings › Section 143

Legal consequences

(1) Any property of the debtor sold, transferred or relinquished under the transaction subject to contest must be restituted to the insolvency estate. The provisions governing the legal consequences of unjust enrichment with the recipient being aware of a lack of legal justification apply accordingly. Interest is payable on a monetary debt only if the conditions for the debtor’s delay or the conditions set forth in section 291 of the Civil Code are met; a claim to emoluments received over and above the money obtained is ruled out.

(2) The recipient of a gratuitous benefit is required to restitute such benefit only to the extent of his or her enrichment. This does not apply as soon as the recipient is aware or must be aware, under the circumstances, that the gratuitous benefit places the creditors at a disadvantage.

(3) In the case of a contestation pursuant to section 135 (2), the partner who provided the security or was liable as guarantor is required to return the benefit granted the third party to the insolvency estate. The obligation only exists up to that amount to which the partner was liable as guarantor or which corresponds to the value of the security which the partner provided at the point of the restitution of the loan or the performance on the claim of the same rank. The partner is released of the obligation by making the object which served the creditor as security available to the insolvency estate.

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