The Family Enterprise Phenomenon in German Law

Moscow State Law University (MSAL), PhD (Law), Associate Professor The article analyzes the concept, characteristics and role of family enterprises in the German economy. The criterion of classifying enterprises as family enterprises is highlighted — the unity of ownership and management, i.e. family control, and its indicators are developed. The models of family enterprises are indicated. The concept of “enterprise” in various branches of German law is studied. The conclusion is made about the non-identity of its content in connection with various goals of legal regulation. The peculiarities of property relations between spouses as participants in a family enterprise, as well as the transition of the enterprise in the order of universal succession in the event of the death of one of the participants, are revealed.

Authors

Publication Details

Journal
Business law
Published
2024-09-12
DOI
https://doi.org/10.18572/1999-4788-2024-3-37-43
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

The Family Enterprise Phenomenon in German Law

Tatyana P. Shishmareva, E. E. Enkova
Business law
Corporate Governance and Law
article

The Family Enterprise Phenomenon in German Law

Tatyana P. Shishmareva, E. E. Enkova
article en

Abstract

Moscow State Law University (MSAL), PhD (Law), Associate Professor The article analyzes the concept, characteristics and role of family enterprises in the German economy. The criterion of classifying enterprises as family enterprises is highlighted — the unity of ownership and management, i.e. family control, and its indicators are developed. The models of family enterprises are indicated. The concept of “enterprise” in various branches of German law is studied. The conclusion is made about the non-identity of its content in connection with various goals of legal regulation. The peculiarities of property relations between spouses as participants in a family enterprise, as well as the transition of the enterprise in the order of universal succession in the event of the death of one of the participants, are revealed.

Business law
Openalex Percentile: Top 68%
Corporate Governance and Law
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