Das Beschlussmängelrecht der Personenhandelsgesellschaften und seine Auswirkungen auf GmbH und Verein

The legislator took an important and long overdue step on 01.01.2024 with the first-time establishment of a right to pass resolutions for commercial partnerships - and then stopped halfway through. As has often been the case, this reform paid insufficient attention to GmbHs and the law on associations. The author therefore examines whether the newly introduced provisions of sections 110 et seq. HGB represent a suitable basis for analogy. Various options for structuring the resolution deficiency system for GmbHs and associations are examined, taking into account the structural characteristics of the legal forms and the resulting requirements.