oa Comparative and International Law Journal of Southern Africa - Partnerschaftsgesellschaft: the new German form of company and business association

Volume 29, Issue 2
  • ISSN : 0010-4051



On 1 July 1995 the new Act on the Formation of Partnerschaftsgesellschaften came into effect. Although it was the first company law reform in Germany during this century, legal academia afforded it amazingly little attention. As early as 1976, a bill on the regulation of the status of self-employers was tabled in the lower house of the German parliament (Bundestag) and was passed after the third reading. This bill was, however, vetoed by the senate of the federal parliament, representing the German States (Bundesrat), thus never coming into effect.The coalition agreement between the Christian Democratic Party (CDU) and the Free Democratic Party (FDP) of January 1991 gave impetus to another effort to establish a special type of company for self-employers, many of whom had developed into fast-growing service-rendering enterprises. There was a feeling of urgency for the creation of a special form of association for self-employed persons. One reason for this urgency is the fact that the legal position of self-employers is somewhat more complex than that of other professions.

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