Gläubigerschutz durch Berufshaftpflichtversicherung in der PartGmbB

The partnership with limited professional liability (PartGmbB) is a special legal form of the professional partnership (PartG) which is only available for members of liberal professions. Since its implementation in July 2013 the PartGmbB gained vast popularity. Major reason for this is the opportunity for members of liberal professions to associate for joint practice, without being personally liable for claims arising out of professional liability. The partners’ personal liability vis-á-vis creditors is compensated by an obligatory professional liability insurance.
The author examines issues of creditor protection in connection with such insurance comprehensively. He discusses the liability of the partnership and arising default risks, analyses opportunities to reduce existing incongruities between the insurance coverage and the liability limitations and assesses the creditor protection by a personal liability of partners.