Die GbR als Erbin (English shop)

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The GbR (partnership under the German Civil Code) has for some considerable time been the focus of scholarly legal interest. The question of its legal nature in particular, and hence also of its legal capacity, has long been a matter of controversy. For over a century, the legal capacity of the GbR has been discussed from a variety of standpoints. The “Weißes Ross”1 decision above all, which drew an (at least provisional) line under the long-running debate, met with a considerable response in the literature. Most authors, however, like the decision itself, addressed only legal capacity as such. The consequential problems arising from this decision, which follow from the legal capacity of the GbR — such as the GbR’s capacity to inherit — have by contrast so far been treated, if at all, only in a cursory manner. Yet here, too, numerous problem areas arise that call for investigation. The question that arises first is of a fundamental nature. Why should a GbR be able to inherit at all? What purpose is this intended to serve? Subsequently, the development of the various views on legal capacity is to be discussed, in order then to address their consequences, more precisely those concerning the capacity to inherit. The latter is inseparably connected with legal capacity, but is not identical to it. Finally, a position is to be taken on the problems arising from the capacity to inherit, and on those that may arise from bringing about a suitable legal entity by means of a testamentary partnership-formation clause.1