Social entitlement
As a social claim is called in German company law a claim of society against their interests , as far as this is based on the company money.
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 ).
Demarcation
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 .