Die vererbte OHG-Beteiligung in der Nachlassinsolvenz der Erbengemeinschaft

The paper examens the case of an insolvency proceeding of an estate under the condition that the inheritance contents a share in a partnership.
The study shows the issues, which are related with the inheritance of a share in a partnership in general. This includes the allocation of profit claims, the liability for corporate obligations, the application of surrogation in rem, the classification of the compensation of heirs, which don’t follow in the membership, and the determination of the estate distribution. Based on this, the paper discusses the legal authority the insolvency administrator has regarding the management of the membership, taking into account the various basic principles, which exist in partnership law.