White Ross decision

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The decision ARGE Weißes Ross or just Weißes Ross (II ZR 331/00) is a landmark and well-known decision of the Federal Court of Justice of January 29, 2001.

Here the until then lively controversial legal capacity of the civil society (BGB-Gesellschaft or GbR) was recognized, together with the active and passive party capacity. The ability of a GbR to enter into its own liabilities (and not just joint and several liabilities of the partners) and to obtain its own claims was recognized.

At the same time it was recognized that the GbR partners are liable for the liabilities of the company in a similar way as the partners of an OHG .

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