Culpa in contrahendo im Rahmen von Post M&A-Streitigkeiten

The work deals with the problem areas of liability arising from culpa in contrahendo in the context of M&A transactions. Considering the large number of company acquisitions and the information exchanged in this context, § 311 II BGB should be a central element of the reversal of corresponding transactions or compensation for damages in the event of a breach of a pre-contractual duty of disclosure in practice. Decisions by state courts on this liability complex in M&A transactions can only be found sporadically. The literature also lacks a concise description of the specific problem areas of liability for pre-contractual disclosure obligations in M&A transactions. The author takes this as an opportunity to work out the legal parameters that form the basis for liability arising from the pre-contractual legal institution in company acquisitions.