The handbook “Unternehmen und Vermögensplanung”, recently published by LexisNexis, is dedicated to the complex interactions between family, inheritance and corporate law. Edited by Prof. Deixler-Hübner, the work brings together the expertise of renowned authors and offers practical guidance for entrepreneurs and consultants. In one of the articles, Dr Philipp Konzett examines areas of conflict and possible solutions in family businesses in the event of divorce and separation.
The article shows that family businesses in particular run the risk of economic and objective (business) decision-making logic colliding with emotionally charged (private) separation situations. A central concern of the article is to use recurring and typical conflict constellations to highlight ways in which conflicts can be prevented. To this end, Philipp Konzett explains tried-and-tested instruments such as marriage contracts, family constitutions, company agreement provisions on access and restrictions, as well as asset and foundation structures. He also presents alternative forms of dispute resolution – in particular mediation, dispute resolution and arbitration – and their possible applications in a family context.
The bottom line: early planning, clear rules and appropriate conflict resolution mechanisms provide guidance, protect the company and help to avoid emotional escalations – all in the interests of sustainable management of family, assets and corporate responsibility.
