Günter Reiner

Günter Reiner (* 1963 in Konstanz ) is a German lawyer and professor for civil law, commercial, corporate, commercial and tax law at the Helmut Schmidt University / University of the Federal Armed Forces in Hamburg .

Life

From 1984 to 1989 Günter Reiner studied law in Tübingen . After the second state examination in 1992, he worked as a research assistant at Carsten Thomas Ebenroth at the University of Konstanz worked, where he in 1995 with a comparative thesis on "entrepreneurial society interest and foreign control" in German and French law doctorate was. Reiner completed his habilitation in 2001 at the same faculty with a thesis on derivative financial instruments in law supervised by Werner F. Ebke and funded by the German Research Foundation (DFG) as part of a scholarship .

Following a substitute professorship at the University of Cologne and a brief activity as a lawyer in Munich, Reiner has held the professorship for civil law, commercial, corporate, economic and tax law at the Helmut Schmidt University / University of the Federal Armed Forces since 2003 Hamburg.

In the second main office, Reiner was judge at the 11th civil senate of the Hanseatic Higher Regional Court in Hamburg from 2004 to 2011.

Research priorities

Günter Reiner's main research areas are finance, capital market, accounting and corporate law and their interrelationships as well as tax law and civil law. In many of his publications, he pays particular attention to the systematisation of law and the identification of systemic solutions in order to resolve the contradictions in the legal system that are regularly caused by new legal instruments and regulations.

In his dissertation , Reiner already provided a model for individual cases of corporate law (or group law) breach of liability on the shareholders of a corporation on the basis of the existing legal liability instruments (reimbursement claims due to return of contributions, claims under tort law) by way of internal settlement against the company to solve. The case law of the Federal Court of Justice, on the other hand, has created independent legal instruments in external relations with creditors that go beyond the wording of the law with the “qualified factual group” or the “destruction of existence” or the “amalgamation of assets”.

In his Konstanz habilitation thesis, which was also published in Russian, Reiner provides approaches to solving how complex financial derivatives can be classified in the existing system of contract, banking supervisory, insolvency, accounting and tax law. This results in direct consequences for dealing with legal issues arising from the ambivalence associated with the use of these instruments between dangerous speculation and risk-limiting hedging .

Publications (selection)

• ISDA Master Agreement: Comment . CH Beck, Munich 2013, ISBN 978-3-406-63168-9 (484 pages).
• Derivative financial instruments in law . Nomos Verlagsgesellschaft, Baden-Baden 2002, ISBN 3-7890-7855-7 ( electronic version [PDF; 3.5 MB ] also habilitation thesis 2000/01 at the University of Konstanz; in Russian translation by Yuri Alekseev under the title "Деривативы и право", Wolters Kluwer, Moscow 2005).
• Entrepreneurial corporate interests and external control: A comparative law study to protect corporations from the abuse of organizational management power . Verlag CH Beck, Munich 1995, ISBN 3-406-40144-9 ( electronic version [PDF; 3.6 MB ]).
• Commentary on §§ 264–278 HGB (annual financial statements of the corporations), in: Munich Commentary on the HGB, 3rd edition, Volume 4, Verlag CH Beck / Vahlen, Munich 2013 (of which §§ 265, 266, 268, 273, 274a, 275–278, together with RA StB WP Dr. jur. Jochen Haußer).
• Shareholder value and sustainability: the top management maxim of the board . ZVglRWiss 110 (2011), pp. 443–475.
• A secret company articles of association on the financial market in Germany? Legal significance, disclosure requirements and actual availability for the shareholder . In: Die Aktiengesellschaft 2006, pp. 93–105.
• The tortious character of the shareholder's "responsibility for financing": To the inconsistencies of the doctrine of equity substitution . In: Responsibility and Design, Festschrift for Karlheinz Boujong for his 65th birthday, ed. by Carsten Thomas Ebenroth, Dieter Hesselberger, Manfred Rinne, CH Beck, Munich 1996, pp. 415–455.

Web links

• Internet presence of the professorship for civil law, commercial, corporate, economic and tax law at the Helmut Schmidt University / University of the Federal Armed Forces Hamburg
• Literature by and about Günter Reiner in the catalog of the German National Library