Rückabwicklung von gemeinsamen Einrichtungen

The thesis examines the risks of dissolving joint institutions of parties to a collective agreement under civil law, in particular under the law on unjust enrichment. For this purpose, the susceptibility to errors of this legal institution is highlighted. Starting point are two decisions of the Federal Labour Court, by which the declaration of general applicability of collective agreements on joint facilities in the construction industry (SOKA-BAU) were declared invalid. The legislator reacted to this by passing law on safeguarding social fund procedures in the construction industry. The constitutional objections against this are presented and evaluated in the paper. The protective purpose of the SOKA-BAU requires a socio-political consideration. The complex structure of joint institutions requires not only the consideration of unjust enrichment law issues, mainly the loss of enrichment under Section 818 (3) of the German Civil Code, but also the examination of the various forms of companies as possible legal entities.