Verstöße gegen die mitgliedschaftliche Treuepflicht und ihre Rechtsfolgen

As one of the most important instruments, the duty of loyalty of a member is of paramount importance in the orchestra of corporate law and permeates every corporate relationship. Despite its considerable practical and academic relevance, literature and case law to date lack a uniform system, a stringent dogmatics and a consistent solution. Starting from a precise formulation of a legal basis, this work elaborates the content, scope and limits of the duty of loyalty in order to clarify conclusively and as practically as possible when or whether a breach of the duty of loyalty has occurred and how legal consequences can be systematised and determined in the best possible way.