Zulässigkeit und Grenzen von Selbstbelastungspflichten der Aufsichtsratsmitglieder einer Aktiengesellschaft

Self-incrimination obligations have always received great attention in connection with activities characterized by third-party interests in private law. With reference to the “Easy-Software”-ruling of the Federal Court of Justice (BGH) dated September 18, 2018, the dissertation examines whether and to which extend supervisory board members of a stock corporation are subject to duties to disclose their own misconduct when acting in their capacity as advisory board member. It is argued that a risk of self-incrimination does not justify an exception to the duty to pursue claims against directors’ board members. Furthermore, under certain circumstances, supervisory board members of a stock corporation have a duty to disclose their own misconduct spontaneously.