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Silent Partnership: Filing a Claim as an Implied Extraordinary Termination (Federal Court of Justice, II ZR 129/24)
Federal Court of Justice (order of 10 December 2025 – II ZR 129/24): A claim for repayment of the contribution may at the same time constitute the extraordinary termination of the silent partnership.
Jun 22
De Facto Managing Director and Statement of Assets (Federal Court of Justice, I ZB 47/25)
Federal Court of Justice (order of 22 October 2025 – I ZB 47/25): The de facto managing director of a GmbH may also be obliged to provide a statement of assets.
May 24
Insolvency Clawback under § 133 InsO: Recovery of Payments Received Long Ago
Payments from years before a business partner's insolvency can be clawed back. Since the 2017 reform and the Federal Court of Justice's change of course, recipients' prospects are better.
May 7
Expulsion Clauses in Management Participation Programmes: Federal Court of Justice Stays Its Course (II ZR 71/24)
Federal Court of Justice (judgment of 10 February 2026): Free expulsion clauses are in principle contrary to public policy – but objectively justified in the case of function-linked manager participations.
Apr 20
Start of the Limitation Period Upon Return of the Rented Property (Federal Court of Justice, XII ZR 96/23)
Federal Court of Justice (judgment of 29 January 2025): The six-month limitation period under § 548 BGB begins with the actual recovery of physical control – not with the end of the lease.
Jan 29
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