Die Gesellschafterklage im dualistischen System des Gesellschaftsrechts

In partnership or corporate law, the right of the individual partner to take legal action is regulated by the dualism of the basic corporation type. This is reflected in the varying allocation and division of assets in partnership and corporate law, and as a consequence the differences in responsibility for the rights and duties of the corporation and its partners. The authority of the partner as an individual legal entity to exercise a right either changes when he joins one of these dualistically structured associations or it is restricted. Thomas Barnert shows that literature as well as legal decisions dilute legal regulations by applying those rules which are valid for one to the other and vice versa.In partnership or corporate law, the right of the individual partner to take legal action is regulated by the dualism of the basic corporation type. This is reflected in the varying allocation and division of assets in partnership and corporate law, and as a consequence there are differences in responsibility for the rights and duties of the corporation and its partners. The authority of the partner as an individual legal entity to exercise a right either changes when he joins one of these dualistically structured associations or it is restricted. Thomas Barnert shows that literature as well as legal decisions dilute legal regulations by applying those rules which are valid for one to the other and vice versa.