Die Rozenblum-Doktrin, ihre Fortschreibung bis zur Gegenwart und ihr Vergleich zur Treuepflicht im faktischen GmbH-Konzern

The Rozenblum doctrine is not an antiquated legal institution from the last century, but continues to be of great importance as a model at European and national level. This has led to a detailed examination of the original form and development of the institution. The aim of the work is to explain the specific features of the doctrine, which consist particularly in shaping groups of companies prospectively and thus protecting outsiders. On a comparative basis, the focus is on the duty of loyalty in the de facto GmbH group as an alternative solution to the group conflict. Clear differences can be seen here, especially with regard to the legitimation of acting in the group' s interest and the recognition of the economic reality of the group. Ultimately, a procedurally secured insertion of the Rozenblum doctrine into the duty of loyalty is advocated in order to respond to the criticism of the duty of loyalty.