Eingriffe in das GmbH-Vermögen mit Zustimmung aller Gesellschafter - Strafrechtliche Untreue?

The thesis presents the discussion on breach of trust of directors of private limited companies and the relevance of the shareholders` consent from a new point of view. One of the emphases of the thesis is the analysis of the element of the “interest in fortune” as one of the prerequisites of section 266 of the German Criminal Code and its relevance for limited liability companies which – undisputedly – are not able to themselves create their own will and analyses in particular the justification of a so-called “self-interest” of the company. In the course of developing a partly entirely new solution for the qualification and relevance of, as well as potential restrictions for, a consent of the shareholders the thesis also takes into account the corporate law framework on competences and liability in a comprehensive manner which is vital for an understanding of the discussion on breach of trust by directors of limited liability companies.