on Private Partnerships

All about a GbR Losing a Case in Spite of Having all Merits

2008-11-06T22:59:43+01:00

All about a GbR Losing a Case in Spite of Having all Merits

When suing in court, the defendant has the constitutional right to have the correct plaintiff bringing a case in court against him. This is not always as easy as when two physical persons fight in court. This report is about a GbR, who filed a case in court and lost even though they had all the merits of the case on their side.

Disregarding Written Form of Partnership Agreements

2009-02-06T09:37:50+01:00

Disregarding Written Form of Partnership Agreements

The founding partners of a private partnership with limited liability (Kommanditgesellschaft) had a provision in the partnership agreement of August 22, 1931 that the profits in a partner's account were to receive 1% interest on that sum. However, after creation of this partnership nobody honored this provision. In this court case, the heir of one the founding partners sued the company for this interest for those years not time-barred. The LG Mainz decided on the merits of the case on October 10, 2005 (re 10 HK O 31/05).

GbR - Owner of Real Estate

2009-06-14T16:57:12+02:00

GbR - Owner of Real Estate

So far it has only been a heated discussion in the legal literature and courts as to whether a private partnership can by itself have real estate as property. The Federal Court of Justice now made an end to these discussions with its judgment of December 4, 2008 (re V ZB 74/08).

GbRs can only be Governed by the Shareholders Themselves

2008-11-06T23:05:28+01:00

GbRs can only be Governed by the Shareholders Themselves

Shareholders are sometimes reluctant to personally run the company, so they hire a managing director, Geschäftsführer. Generally, there is nothing wrong with this concept (§§709, 710 BGB).