Gesetz betreffend die Gesellschaften mit beschränkter Haftung (GmbHG)

Großkommentar

The success of the private limited company as a legal form has not diminished. This can be ascribed partly to the high flexibility of private limited company law, but mainly to the freedom it allows in creating internal relationships. Since however for a long time written law was based predominantly on the law of 1892, judicial decisions and jurisprudence had a considerable influence on the development of private limited company law.

The main aim of this commentary is to provide a description of the fundamental ideas contained in the legal regulations and the developments in case law, in addition to an exact documentation of the different concepts and the variety of relevant judicial decisions. Although this book will be of interest mainly to courts and law practices, its goal is also to influence scholarly discussions as well. It can be seen as the continuation of a commentary on private limited company law, 8 editions of which have been published during the past 100 years. The last editor of this work was Peter Ulmer, who is now sharing the responsibility for this with Mathias Habersack and Martin Winter.

Volume III contains the commentaries on sections 53 to 87. The book gives an account of private limited company law from 2005 up to the beginning of 2008. The changes in the law planned by the MoMiG (Government Bill for an Act to Modernize the Law Governing Private Limited Companies and to Combat Abuses) at that time have been included in Volume III. A supplementary volume with a commentary on the MoMiG changes which have in the meantime taken effect is scheduled for 2010.