Interpretation of partnership agreements
In a short commentary published in issue 22/2024 of ZIP on a judgment of the Higher Regional Court of Hamm that is well worth reading, our colleague Dr. Mareike Aisenbrey emphasizes the importance of being aware of the standards for the interpretation of partnership agreements when advising companies (in particular family businesses) on corporate law. As the Higher Regional Court of Hamm also states, these are generally to be interpreted subjectively. It is the actual practice that is decisive. All possible sources of knowledge can be used to determine the common understanding, e.g. also documents from shareholder workshops (see Aisenbrey, ZIP 2024, 1248).