Die Innenhaftung des hauptamtlichen Leitorgans einer Krankenkasse im Sinne des § 35a SGB IV

The question of the manager’s discretion, also called Business Judgment Rule (sec. 93 para. 1 sentence 2 Stock Corporation Act – AktG), is not only one of the most widely discussed issues of corporate law in recent times. The discussion also extends to statutory health insurances which – unlike other social insurance carriers – as well as other public corporations are competing with one another. The practical significance has grown even more recently in connection to the numerous cases of claims against members of the executive board due to breach of duty.
The thesis works out similarities and structural differences in the internal liability systems of members of the executive board of joint-stock companies in comparison to members of the executive board of statutory health insurances. The primary focus is the issue of transferability of the Business Judgment Rule to the executive board of statutory health insurances. The author equally addresses to readers from science and practice.