Liability law Archive

Guide to GmbH law: The duties and liability risks of the managing director of a GmbH

June 26, 2023/in Compliance, Liability law/by Daniel Meier-Greve

In the external relationship, only the GmbH is liable, which can indemnify its managing directors. However, this does not mean that external liability of the managing directors is excluded.

In addition to personal liability in the area of tax and social security law, the managing director may also be liable on the basis of his own contractual obligations, on the basis of an induced legal appearance, on the basis of (personal) culpability when concluding the contract and in tort.

For the aforementioned reasons, every managing director of a GmbH is urgently recommended to be familiar with the requirements for proper managing director activities.

Corona and contract law: Disruption of contracts

April 5, 2020/in Commercial law, Contract Law, Liability law/by Daniel Meier-Greve

The coronavirus is forcing countries around the world to take drastic measures to counter the spread of the virus. This is having a serious impact on contract law. Many of these measures mean that contracts can no longer be fulfilled by at least one party. The cases affected are countless.

The limitation period for freight claims – the exception is the rule for freight compensation claims!

January 22, 2020/in Commercial law, Liability law, Nicht kategorisiert, Transportation law/by Daniel Meier-Greve

The freight business is mass business. The industry is therefore reliant on being able to “shelve” individual freight orders promptly. For this reason, international freight law, which aims to protect the freight industry, provides for a much shorter limitation period for transport law claims than the standard limitation period. It is not easy to answer the question of which limitation period for freight claims actually applies in a specific case. 1, 2 or 3?

Contract law: For the drafting of contracts in construction law

May 15, 2019/in Commercial law, Contract Law, Liability law/by Daniel Meier-Greve

In construction law, especially in the area of plant construction, the general contractor regularly commissioned assumes very considerable risks. A charming way for them to limit these risks can be to pass on contracts or individual relevant contractual terms to their subcontractors.

Computer keyboard with a COMPLIANCE button. Concept - changing procedures to adhere to regulations

The regulatory duty of supervision

April 13, 2019/in Compliance, Liability law/by Daniel Meier-Greve

The actions of the management board of an AG or the management of a GmbH are also the focus of regulatory law. The legal framework for the actions of managing directors is also subject to fines under regulatory law. Particular mention should be made of the duty of supervision under regulatory law, Sections 30, 130 […]

Delegation of managerial duties

April 10, 2019/in Commercial law, Compliance, Liability law/by Daniel Meier-Greve

The following article is intended to provide an overview of the delegation of directors’ duties in stock corporations and limited liability companies.

Karlsruhe Regional Court considers unpaid posts in the Pamela Reif case to be subject to labeling – ruling fundamentally contradicts the ruling of KG Berlin from 8.1.2019 (Ref. 5 U 83/18)

March 21, 2019/in Commercial law, Liability law, Nicht kategorisiert/by Daniel Meier-Greve

Karlsruhe Regional Court (judgment of 21.3.2019, Ref. 13 O 38/18 KfH) considers unpaid posts to be subject to labeling in the Pamela Reif case

Conditions of carriage for letters: Liability of Swiss Post for the loss of a registered letter

January 14, 2019/in Commercial law, Liability law, Nicht kategorisiert, Transportation law/by Daniel Meier-Greve

The question of liability for registered mail sent by Deutsche Post is becoming increasingly important, as in the real world of amazon, ebay & Co. goods are increasingly being sent as e.g. registered maxi letters. This is when the question of whether and, if so, to what extent liability on the part of the postal service can be considered comes into play. This is the subject of the following article.

Are You Covered Healthcare Insurance Protection Concept

The obligation of private health insurance (PKV) to pay benefits – when and for what does PKV have to pay?

January 4, 2019/in Liability law/by Daniel Meier-Greve

The obligation of private health insurance (PKV) to pay benefits – when and for what does PKV have to pay?

Tax advisor liability – statute of limitations in the case of basic rulings

January 3, 2019/in Liability law, Nicht kategorisiert/by Daniel Meier-Greve

If tax advisors make mistakes and clients suffer losses as a result, the question of whether and to what extent a limitation period has already expired is not easy to answer in legal terms.

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