Mitwirkungs- und Kooperationspflichten von Anteilsinhabern und Gläubigern von Kapitalgesellschaften

»Duties of Participation and Cooperation of Shareholders and Creditors of Corporations in Pre-Insolvency Restructuring Proceedings. Also an Analysis of Rights of Intervention in the Membership Rights of Shareholders in a Crisis of the Corporation« Fabian Brocke analyses how duties of cooperation and collaboration of shareholders and creditors can be established in pre-insolvency restructuring proceedings. The fiduciary duty of membership is the central instrument for conflict resolution in the internal relationship between the shareholders. Contrary to the opinion of the German Federal Court of Justice, the idea of a duty of cooperation on the part of the creditors and its legal-dogmatic classification are also elaborated.