Rechtswegdualismus im Stiftungsrecht

The foundation as a legal form occupies a unique position at the intersection between civil and public law – especially in the event of a dispute, as legal matters involving foundations may be referred to the ordinary or the administrative courts. By means of an extensive analysis of pertinent jurisdiction, the author analyses whether this dualism may lead to disadvantages. He presents how conflicts within the two legal channels may be harmonised by means of procedural and substantive law, illustrates the limits of harmonisation, and explores potential options for reform that could change the relationship between civil and administrative jurisdiction in foundation disputes.