Die (Register-)Publizität der Gesellschaft bürgerlichen Rechts

As a basic form of civil partnerships, the GbR is extremely changeable and can disappear from existence just as quickly as it was founded. In contrast to other partnerships, the GbR is not primarily registered. This lack of register publicity has been of particular concern not only to the literature and jurisdiction, but sometimes also to the legislator, especially since the recognition of the legal capacity of all “Außen-GbRs” [outside companies].

This work comprehensively addresses the question of whether and to what extent the lack of register publicity of the GbR under the applicable law can lead to difficulties and draws conclusions for legislative measures. In addition to a systematic comparison and evaluation of the arguments, as well as ideas for solutions that have been discussed in detail in literature so far, problems and (technical) aspects of a registration that have not yet been taken into consideration are worked out and subjected to a critical examination.