Die Pauschalzustimmung und die Pauschalverweigerung bei der Übertragung vinkulierter Anteile

The present work is devoted to the discourse, which has so far been scarce in the academic literature, as to whether blanket consent to the transfer of restricted shares in a company can be granted in corporations and partnerships and whether, in mirror image, blanket refusal to transfer shares is permissible. The thesis concludes that a distinction must be made between the effectiveness and the permissibility of blanket consent, whereby the differences in the individual legal forms are discussed. In the third part of the thesis, the blanket refusal to transfer shares is examined in particular in the context of constitutional and European law. Possible claims for damages by shareholders in the event of a violation of their membership rights are also presented.