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Section 8

Liability for Obligations of the Partnership

(1) The partners, along with the assets of the partnership, are liable to the creditors as joint debtors for obligations of the partnership. Sections 721a and 721b of the Civil Code apply accordingly.

(2) If only some of the partners were involved in the processing of an assignment, only they are liable along with the partnership for professional malpractice in accordance with subsection (1), with the exception of processing jobs which are of subordinate importance.

(3) The limitation of liability for claims arising from damages due to professional malpractice to a fixed maximum amount may be permitted by law for individual professions, only if at the same time an obligation for the partners or the partnership to hold professional liability insurance is substantiated.

(4) If the partnership holds professional liability insurance which is stipulated by law for this purpose, only the company is to be liable to the creditors for obligations of the partnership arising from damages due to professional malpractice. Section 113 (3) and sections 114 to 124 of the Insurance Contract Act apply accordingly. The name of the partnership must include the addition “with limited professional liability” (mit beschränkter Berufshaftung) or the abbreviation “mbB” or another generally understood abbreviation of this designation; instead of such additions to the name under section 2 (1), the name of the partnership with limited professional liability may contain the addition “Part” or “PartG”.

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