Prospekthaftung im Spannungsfeld von Gesetz und richterrechtlicher Gestaltung

The responsibility attached to the prospectus is affected by both statutory law and ruling. Within this area of conflict, regulating principles given by the legislator might be overruled by court decisions. Because there are various bases for a claim in the field of prospectus liability, it is necessary to coordinate them correctly. The written law currently includes methods which are able to partly eliminate existing conflicts. For the rest, further solutions are needed to eliminate legal inconsistencies. The difficulty is to uncover such legal inconsistencies and to generate useful solutions.