A Guide to German Company Law for International Lawyers – Distinctive Features, Particularities, Idiosyncrasies

Abstract

Legal comparativists know only too well how hard it is to break into a foreign jurisdiction. Much of what seems completely obvious to local jurists, remains shrouded in mystery for the external observer. This is particularly the case when dealing with circumstances not covered in a standard textbook: the practical significance of individual legal institutions, the interplay between legislation and case law or the unspoken preconceptions in legal thinking and methodology. Alleviating these difficulties is not easy, even for a local expert: it is hard to overcome the imprinting of one’s own legal education and to judge what is worth telling or explaining to a foreign lawyer. Assuming this risk with open eyes, the following presentation seeks to provide the foreign traveller with a short guide through the German company law neighbourhood.

Note: This contribution is published in this Research Paper Series with the permission of the rights owner, Mohr Siebeck.

Keywords: German company law, stock corporation, private limited liability company