Transparenz Von Zuwendungen Bei Der Kapitalanlage: Zum Spannungsfeld Von Aufsichts- Und Vertragsrecht

The disclosure obligations regarding benefits in investment advice and the relationship between supervisory and contract law have been in focus of legal practice since 18 years. The author takes the ruling of the Federal Court of Justice of 3.6.2014 - XI ZR 147/12 as an occasion to examine the differentiation of benefits as well as to dogmatically locate a principle of transparency. She measures the tension between supervisory and contract law in regards of the judicial development of the law.