Law
Paul Schirrmacher
Die Haftung des faktischen GmbH-Geschäftsführers
Eine dogmatische (Neu-)Ordnung
[The Liability of the De Facto GmbH Managing Director. A Dogmatic (Re)Ordering.]
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Published in German.
Can the obligations as well as the associated liability of an official GmbH managing director be transferred to someone not appointed to the role, but whose actions arguably indicate that they are on the same level? Paul Schirrmacher shows that this equality cannot be reconciled with current law. The solution is, in fact, to be found in the application of general provisions.