Expert Opinions

MÜNCH. deals with fundamental issues and, thanks to its close ties with universities, analyses these in legal opinions, in particular in preparation for supreme court rulings.

Here are some examples from recent years:

  • Scope and limits of statutory and private-law deposit protection
  • Attribution of real estate after the conclusion of a trust agreement following the BFH ruling of 14 December 2022, case reference: II R 40/20
  • Legality obligations and legality control obligations of management and supervisory bodies – compliance audits between entrepreneurial decisions and fiduciary duties of corporate bodies
  • Powers of representation and legitimisation of executive bodies in associations without legal capacity
  • Price adjustment in supplier relationships
  • Rights of retention and rights to refuse performance in subcontracting relationships
  • Representation and authorisation to sign for executive bodies vis-à-vis the transparency register
  • Constitutionality and legality of the capital city allowance, in particular in the case of a simultaneous prohibition of improvement in grant-financed projects
  • Application of the standard of liability of a paid agent within the meaning of Section 675 BGB to a managing partner of a GmbH who does not hold a stake with his own funds, but on account of remuneration; also the subject of a complaint against denial of leave to appeal before the BGH, file number II ZR 9/24
  • Amendment of a multilateral (property law) administrative regulation within the meaning of Section 1010 BGB by means of concurring bilateral (law of obligations) agreements by way of novation; also the subject of a complaint against denial of leave to appeal before the BGH