Geschäftsunfähigkeit und Betreuung in Personengesellschaften

This research paper deals with the issue of intellectual incapacity and guardianship of elder members of a partnership which is gaining significant importance due to the fact of the demographic change in Germany. However, multiple issues occur resulting from the conflict between the law of intellectual incapacity and guardianship on the one hand, and company law of partnerships on the other hand. For example, a resolution might be invalidated because of the participation of a legally incompetent partner. In case the affected partner is represented by a guardian a third party is intervening in the partnership by exercising the rights of a partner. Furthermore it might also be necessary to obtain approval of the guardianship court for particular decisions in the partnership.
All those legal issues are covered in this paper by carefully considering both the interest of the partners and the partnership itself as well as the need for protection of the affected partner.