Die Selbstbezichtigungspflicht Des Aufsichtsrats Nach Eigenem Fehlverhalten: Eine Rechtsdogmatische Untersuchung

Can supervisory board members be compelled to incriminate themselves? This question has received little attention in the legal literature. However, this has fundamentally changed with the so-called Easy-Software judgement of the Federal Court of Justice of 18 September 2018. This volume takes this ruling as an opportunity to examine the supervisory board's duty of self-incrimination from a legal-economic and legal-dogmatic perspective. The existing information asymmetry between the supervisory board and the company makes it necessary to disclose one's own misconduct. This duty can be based on the duty of loyalty of supervisory board members as members of corporate bodies.