Die gesamtschuldnerische Innenhaftung von Vorstandsmitgliedern im Aktienrecht

»The Joint and Several Liability of Members of the Management Board under German Stock Corporation Law. The assertion of claims against single members of the management board according to § 93 II 1 AktG in conjunction with § 421 BGB, its consequences and measures to correct them«


Directors' liability in stock corporations is more alive than ever. High claims for damages are common. The statutory joint and several liability provided for under German law enables the stock corporation, when asserting its claims, to select a single board member from several board members who have acted in breach of duty and culpably, and to demand compensation for the entire damage from that single board member. This paper deals with this liability situation, its consequences and measures to correct them.