Alle Beiträge zum Stichwort: Commercial Code (HGB)

CORPORATE

Claim for reinstatement: BGH on the scope of the company‘s duty of loyalty following the termination of a shareholder’s contract

It is standard for shareholders to terminate the employment of another shareholder. There are many reasons for this: the breach of social fiduciary duties is often a reason for such a termination. But is it conceivable that the terminated shareholder has a claim to reinstatement in the company precisely because of the social duty of loyalty? That is possible. The possible claim for reinstatement alone can have legal consequences (BGH, judgment of 12.07.2022, ref.: II ZR 81/21).

20.09.2023
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