If you read the German version of the Wikipedia article you linked, you'll find that this concept is rarely, and I mean _rarely_ applied by courts. It is also case law, which is exceedingly rare in German law. You're going to have a hard time arguing for it's application in court.
Regardless, most laws around incorporation in Germany are a deterrent to any founder, I agree, but I honestly think we don't want this as a society. German culture is about work, and working for _someone_, not starting your own business.
I agree it could, and should be easier, at the same time you won't change a system that evolved from medieval trade guilds.
> German culture is about work, and working for _someone_, not starting your own business.
I wonder how Germany will survive the 21st century, where a key part is to make/capture a market first by some innovation that comes out of some startup scene (Silicon Valley most prominently) and push out all the other players.
German's in tech spheres keep complaining that they are being "ripped of" by the Anglo-Saxon space, but it seems to me it's actually their own mentality that is holding them back.
And of course everyone knows the story about the mp3 format, apparently invented in Germany and monetized in the US
Regardless, most laws around incorporation in Germany are a deterrent to any founder, I agree, but I honestly think we don't want this as a society. German culture is about work, and working for _someone_, not starting your own business.
I agree it could, and should be easier, at the same time you won't change a system that evolved from medieval trade guilds.