Der Kapitalanlegerschaden

Under German law, the content and extent of and the limitations to the damage caused to a capital investor by wrong or incomplete information or advice which is given to the investor before the valid acquisition of a capital investment has been the object of countless court decisions, but has not yet been extensively analyzed as a whole in German literature. Stefan J. Geibel examines what exactly the investor is allowed to claim and what the requirements are to claim the cancellation of an investment as a damage or to claim that, instead of the investment made, he could have signed a better investment contract with the same person or with a third person. He also discusses the possible limitations to the damage claim, e.g., the conditions under which the investor may be charged with contributory negligence or under which the party causing the damage may be released from liability due to an indemnity clause.