Die Personengesellschaft im Konzern

Is there anything that the organization of a corporate group can do better than a market exchange? In a subsidiary partnership a corporate partner gains a dominant influence on the business management of the partnership. Such an integration requires a universal subordination of the subsidiary in the group interest, leaving aside the individual partners' interests. However, minority and creditor protection may present an obstacle to such an alignment of interests. Brigitte Haar studies the structures which provide incentives for this protection and shows how they relate to the legal foundationss of partnership law. She demonstrates that a partnership in a group is a test case for the more general question of the strained relationship between the boundaries of the legal independence and personality of an organization and its reification on the one hand and the freedom of contract of its partners on the other hand.