Examples of social entitlements include:
- the right to make the shareholder contributions ,
- the right to repayment of unauthorized withdrawals ,
- the right to billing by a managing partner,
- Claim against a partner on damages at a violation of contractual obligations .
The claim is directed against the shareholder concerned and aims at a performance in the joint property . As a rule, it can also be enforced against the will of the majority of the shareholders by a single shareholder through the actio pro socio (case of legal process standing ).
The social claims do not include claims that the company has against a partner on the basis of a legal transaction outside of the articles of association, e.g. the company's warranty claim with regard to a purchase contract with the partner.
The counterpart to social entitlements are social obligations . These are obligations of the company towards the shareholders.
Claims that third parties have against the company are called company liabilities .
- On the whole cf. Kübler, corporate law, Hüthig, CF Müller / UTB, 5th edition, Heidelberg, 1999, § 6 II = p. 45ff.
- Kübler, corporate law, Hüthig, CF Müller / UTB, 5th edition, Heidelberg, 1999, §§ 6 II 4 b = p. 49; 7 V 4 b = p. 82.