Concordat Proceedings And Non-Liquid Claims

The primary objective of concordat proceedings is to restructure the debtor's financial position and allow the continuation of business activities. Filing for a concordat does not automatically terminate an existing contract. However, maintaining a contract may not always serve the best interests of the parties. In such cases, the debtor may unilaterally terminate ongoing contractual obligations that obstruct the objective of the concordat and impose excessive burdens. Unilateral termination is only permitted where the obligation is continuous and impedes the concordat's purpose. Contracts that do not meet these criteria cannot be terminated solely based on the concordat request.

If the debtor terminates a burdensome contract, the creditor's intention to maintain the contract cannot prevent the termination. In such cases, any damages suffered by the creditor due to the termination may be included in the concordat project. This ensures the creditor's interests are