Der besondere Vertreter im Aktienrecht als Minderheitenrecht

The position of the special representative in stock corporation law has been further enhanced by recent case law of the Federal Court of Justice (BGH), yet many legal questions remain controversial. Until now, however, there was agreement that a majority resolution of the general meeting was always required for the appointment. The author shows that this is not necessary. Thus, the special representative becomes a genuine minority right and acquires even greater practical significance.
The author goes on to develop a tiered system of rights in sec. 147 et seq. of the Aktiengesetz. The previous controversial debate, which was also motivated by legal policy, is softened by this new thesis and many controversial issues lose importance.