Category Archives: Charles Zhen Qu

Lowering the Corporate Veil in Germany: a case note on BGH 16 July 2007 (Trihotel)

Charles Zhen Qu* and Björn Ahl**

(2008) Oxford U Comparative L Forum 4 at ouclf.iuscomp.org | How to cite this article

In the recent Trihotel case, the German Federal Court of Justice has substantially modified its previous position on lifting the corporate veil, by which shareholders can become liable towards company creditors. The present case note argues that the tort-based new approach will not only afford company creditors with adequate protection but also direct German company law jurisprudence towards a greater regard for fundamental principles of company and insolvency law.

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