Der Schutz des Vertragspartners bei Fehlvorstellungen über die Rechtsform aufgrund falscher Firmierung

If an entity does not disclose its legal form, the counterparty is deprived of the possibility to correctly assess its insolvency risk. A risk premium or security will therefore also be waived. The extent to which damages based on this are to be compensated and who is the correct claimant are controversial issues. The author makes it his business to examine the various approaches and comes to the conclusion that the established case law, a "Rechtsscheinhaftung analog § 179 BGB", is not convincing in many respects. Rather, in many cases the claimant is to be referred to a tort claim directed at the negative interest.