Table of contents
- (1) Distinguishing Mistakes
- (2) Absence of Consideration
- (3) Drawbacks of the Birksian Scheme
- (4) Conclusion
‘the other refuses to disappear: it subsists, it persists, it is the hard bone on which reason breaks its teeth’1
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.