MoPeG – Das neue Recht der Personengesellschaften

The article ‚MoPeG – The New Law on Partnerships: The Most Important Changes for Family Businesses‘ by Christoph Schreiber and Daniel Otte (FuS 1/2024) examines the key changes to partnership law brought about by the MoPeG. The focus is on the legal framework, which is of central importance to many family businesses, particularly with regard to the civil-law partnership (GbR) and the new regulations governing it. The authors examine the implications of these reforms for the structure and organisation of family businesses, which often operate as partnerships.

The theoretical foundations of this article are based on an analysis of the legislative changes introduced by the MoPeG. These include the abolition of the principle of joint ownership, the introduction of a register of partnerships, and the strengthening of partners’ rights to information. The authors draw on current legal literature and case law to illustrate the practical relevance of these changes. The reforms aim to increase transparency and efficiency in the administration of partnerships and to adapt the legal framework to the needs of modern family businesses.

The results of the analysis show that the changes introduced by the MoPeG have significant practical implications for family-owned businesses. In particular, the introduction of the company register and the enhanced information rights of shareholders promote more transparent and fairer corporate governance. This can help to minimise conflicts within the shareholder community and facilitate succession planning. The authors recommend that family businesses engage thoroughly with the new regulations in order to make the most of the reforms’ benefits and avoid legal uncertainties.