§ 108 InsO (continuation of certain obligations)

§ 108 InsO provides that certain ongoing obligations of the debtor — in particular rental and lease agreements over immovable property or premises, leasing agreements over movable assets, and employment relationships — continue to bind the insolvency estate once proceedings open. The administrator automatically steps into these contracts.

This is the practically important counterpart to § 103 InsO: while the administrator can generally choose whether to perform or refuse most mutual contracts, no such election exists for the contract types listed in § 108 InsO — they simply continue until properly terminated or ended by agreement. The administrator cannot simply declare their way out of a lease over the operating premises.

For buyers in an asset deal, § 108 InsO is central to contract review in the data room: rental, leasing and employment relationships do not automatically transfer to the acquirer in an asset deal — they must be separately re-concluded or transferred by way of contract assumption with the counterparty's consent. Overlooking the site lease or ongoing equipment leasing agreements means negotiating the wrong point and risking an operational standstill after closing.