| 英文摘要 |
According to Article 3 of the Consumer Debt Clearance Statute, debtors who are unable or potentially unable to repay their debts may apply for a rehabilitation or liquidation process. However, in practice, courts often reject such applications, citing a lack of these statutory requirements. Through an analysis of court rulings, it was found that courts typically evaluate whether debtors have the inability to repay or are at risk thereof by deducting necessary expenses from their income to determine if a surplus exists. It is noteworthy that there is no uniform standard among the courts for assessing whether such surplus income indicates a risk of the debtor’s inability to repay their debts. This article first outlines the current practice in determining the risk of inability to repay, then introduces relevant provisions and data on consumer bankruptcy in Germany. By comparing the legal systems of the two countries, it aims to reassess where our judicial practice requires improvement. Finally, it presents some personal observations as conclusions. |
