Die Aktionärsklage nach § 148 Aktiengesetz

Eva Franziska Henkel examines how a reform of shareholders’ derivative actions (Section 148 AktG) could bolster the enforcement of shareholders’ liability claims against executive bodies of German stock corporations, and thereby improve overall corporate governance. The study goes beyond a corporate law and comparative law perspective, and also takes empirical and real behavioral science findings into account. With the help of an empirical study the author proves that, at present, this type of litigation has very limited practical relevance in Germany. Based on these findings, the author then takes a look at existing reform proposals, evaluates them and formulates specific new reform proposals.