"Knowledge is power."
Francis Bacon
The articles in the newsroom arise from my daily legal practice in contract law and in litigation. They address recent court decisions, legal developments, and contentious issues—and highlight the lessons they offer for contract drafting and litigation strategy.
The articles offer a compact overview and are intended to provide clients with guidance on how legal issues in contract law and in the enforcement of claims in court can be resolved in practice. They are no substitute for individual legal advice.
LATEST ARTICLES
Guide to GmbH law: The duties and liability risks of the managing director of a GmbH
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.
Estimation of fictitious defect rectification costs
For some time now, a landmark decision by the Federal Court of Justice has clarified that the contractual claim for damages in lieu of performance pursuant to Sections 437 No. 3, 280, 281 BGB can be assessed on the basis of the “fictitious” defect rectification costs that are likely to be necessary but have not yet been incurred, see BGH ruling of 12.03.2021, Ref. V ZR 33/19. In practice, it is of particular relevance how the court called upon to decide in an individual case is to determine the amount of such fictitious damage costs.
EUGH ruling “LKW Walter”
The possibility of being able to enforce one’s own rights as easily and quickly as possible in cross-border EU business transactions, which is very welcome in principle, has some pitfalls. The author’s experience shows that traders are often overwhelmed when they receive legally relevant mail from abroad. This is not least due to the fact that court documents received from abroad often do not meet the requirements of European law.
BGH NEWS
Find out about the latest case law of the Federal Court of Justice here
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