Restitution Claim: can I introduce a new cause of action
No introduction of a new cause of action with the restitution claim
BGH v. 3.8.2021 – II ZR 283/19
It is inadmissible to introduce a new cause of action with the restitution claim. The assertion of a claim of the company against a corporate debtor as a third party by a shareholder is based on a different cause of action than its claim as a co-partner by a shareholder on the basis of a settlement account.
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