Der fehlerhafte Beschluss des Aufsichtsrats

Almost 30 years after the BGH's highly regarded fundamental decision on the consequences of incorrect supervisory board resolutions, many individual issues are still disputed or unclear in this context.

The author has taken this circumstance as an opportunity to re-examine the legal consequences of incorrect supervisory board resolutions and to provide a practical and generally applicable solution. After he has laid the dogmatic foundation for this and worked out a general principle of the law on incorrect resolutions, what follows is a comprehensive analysis of the legal consequences resulting from possible infringements of procedural and substantive nature. The clarification of individual litigation issues then forms the conclusion of the work.