Unternehmensnachfolge und Erbrecht: Deutschland, Österreich und die Schweiz im Vergleich

The Transfer of a Business and Succession Law Consequences: Germany, Austria, and Switzerland compared. Business assets differ from other assets in many ways: Business assets can be difficult to divide, their value changes rapidly, economic benefits are separated from influence and decision-making power, and different stakeholders are ultimately affected. For these reasons, German-based legal systems stipulate a number of special provisions under current or impending law regarding the inheritance of businesses. The special provisions address the valuation of assets, the valuation date, and the deferral options for claims. When the business is transferred, an economic approach must be taken towards its management. This must be recognized as a value-adding, asset-based contribution made by the transferee for the benefit of all, and it therefore has to be taken into account when dividing the inherited assets among the beneficiaries.