Commercial, Company and Capital Market Law

It is not only politicians for whom climate change poses a challenge. German and international firms are increasingly confronted with questions surrounding the protection of the climate. Thus, headlines are made when claims for damages are filed against companies like Shell, BMW, Mercedes, or Volkswagen. But what is the situation with the regulatory mechanisms found in company law, accounting law, and capital markets law? Institute director Holger Fleischer has made a point of studying the extent to which these specialized disciplines can contribute in combating climate change. more

A business philosophy in search of new legal solutions: Do modern firms need a fundamental purpose that extends beyond pure profit making? Today, many corporate boards in Germany and abroad are embracing the so-called corporate purpose concept. Advocated by leading management scholars, the approach serves to convey the raison d’être and inner drive of an enterprise. A fundamental reorientation of entrepreneurial activity appears to be emerging. more

The question of how to reconcile profitability with social responsibility is a key issue that has long been discussed across disciplines. Amidst growing public attention to social and environmental standards as well as the fight against corruption in third countries, the issue of corporate social responsibility (CSR) also raises important legal questions. more

Private Law Gazette 1/2021 – Until recently, an examination of the field of partnership law would have led one to conclude that there were hardly any indications of an international orientation. "There was a genuine research gap," says Institute Director Holger Fleischer, who, with his working group on business and economic law, undertook a multi-year project to render a comprehensive panorama of comparative partnership law. more

A telegram from the Federal Banking Supervisory Office sealed the fate of the Cologne-based bank Herstatt on 26 June 1974. The bank’s license was withdrawn and all counters at the bank were immediately closed. Within hours tumult broke out amongst frustrated depositors and investors. These events were preceded by rescue efforts undertaken at the highest level to avert the largest bank collapse in the German post-war period. more

Family firms are attracting growing attention in company law research. This comes as little surprise given that family businesses account for 91 per cent of all companies in Germany, employing 57 per cent of the workforce and generating 55 per cent of private sector revenue. In many other countries, too, they are the backbone of the economy. more