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2 clusters · 5 sources · 1 days · First seen · Last updated
German Federal Court of Justice legal rulings
Overview
The German Federal Court of Justice (BGH) has issued several rulings clarifying various aspects of civil and corporate law.
In matters of corporate liability and insolvency, the court addressed the validity of limited waivers regarding the statute of limitations. The BGH ruled that an assignee cannot ignore a debtor’s time-limited waiver of the statute of limitations defense. Additionally, the court determined that shareholder guarantors do not possess a right of withdrawal under EU Directive 2011/83/EU or German civil law, even when guarantees are made via distance selling.
In a separate decision concerning professional liability, the BGH clarified the duties of legal counsel during settlement negotiations. The court overturned a lower court decision, ruling that lawyers must provide comprehensive advice regarding the prospects and potential scale of further legal action. This duty of disclosure requires attorneys to inform clients of the potential success of pursuing litigation rather than simply accepting a settlement.
Entities
Bundesgerichtshof · Germany · Federal Court of Justice · Higher Regional Court of Koblenz
Timeline
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[INTERNATIONAL] 3 sourcesGerman Federal Court clarifies lawyer liability in settlement disputes
The German Federal Court of Justice ruled that lawyers must fully inform clients of the potential value of further legal claims when negotiating settlements, specifically regarding care costs.
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[BUSINESS] 2 sourcesGerman Federal Court of Justice issues rulings on liability and guarantees
The German Federal Court of Justice ruled that a managing director's limited waiver of the statute of limitations is binding on assignees and that shareholder guarantors lack statutory withdrawal rights.
Sources
5min.at · beck-aktuell.de · gegen-hartz.de · gmbhchef.de · openpr.de