The glossary explains terms that recur on this site and points to the page where each is discussed in full. It does not replace the discussion there. German terms are given in brackets.
affectio societatis
Latin for the will to be bound together as partners. The expression comes from Roman law and still describes what distinguishes a partnership from a mere exchange: those involved pursue a common purpose and intend to do so. → Shareholders among themselves
arbitration agreement (Schiedsvereinbarung)
An agreement to submit disputes arising from a legal relationship to an arbitral tribunal instead of a state court (Section 1029(1) German Code of Civil Procedure (ZPO)). It is common in cross-border cooperation, because arbitral awards are often easier to enforce internationally than state court judgments. → Across borders
asynchronous (asynchron)
Working together without acting at the same time, for instance by email, shared documents or task lists. Asynchronous work leaves time for reflection and connects people in different time zones. → Synchronous and asynchronous
cooperare
Latin, also cooperari [prüfen], from co- (“together”) and operari (“to work, to be active”). Its meanings range from “to work together”, “to act jointly” and “to contribute” through “to join”, “to unite” and “to combine” to “to bundle”, “to link” and “to join together”. The word does not say, however, when working together turns into being bound together. That is what this site examines. → What cooperation is
cooperation (Kooperation)
Acting together in which each participant pursues their own aims while also helping to realise the aims of the others. Unlike a one-off exchange, the aims of the others shape one’s own, and the participants change in the course of the cooperation. → What cooperation is
cooperation agreement (Kooperationsvertrag)
A contract in which partners govern their working together without setting up a separate organisation. If they pursue a common purpose, the contract can in law establish a civil-law partnership (GbR) (Section 705(1) German Civil Code (BGB)), even if they did not intend this. → The cooperation agreement
duty of loyalty (Treuepflicht)
The duty of shareholders to promote the common purpose and to have regard to the interests of the company and of their fellow shareholders. It has been developed by the courts and can be understood as the company-law form of the duty to cooperate. → Shareholders among themselves
duty to cooperate (Kooperationspflicht)
The duty of contracting parties to work together in performing a contract, to keep each other informed and to have regard to each other’s interests. It follows from good faith (Section 242 BGB) and the duty of consideration (Section 241(2) BGB), and the courts have shaped it for construction contracts; its extension to other long-term contracts is advocated. → Cooperation as a legal relationship
escalation clause (Eskalationsklausel)
A contract clause that sets out a staged procedure for disagreements, for example talks at working level first, then at management level, then mediation, and only then arbitration or the courts. It keeps a conflict within the cooperation for as long as possible. → Cooperative clauses
joint authorship (Miturheberschaft)
Where several people have created a work together and their contributions cannot be exploited separately, they are joint authors (Section 8(1) German Copyright Act (UrhG)). As a rule, they can decide on publication and exploitation only together (Section 8(2) UrhG). Writing, programming or designing together online can quickly lead to joint authorship. → Data and rights
joint controllership (gemeinsame Verantwortlichkeit)
Where two or more controllers jointly determine the purposes and means of processing personal data, they are joint controllers (Article 26(1), first sentence, GDPR). They must set out in a transparent arrangement who fulfils which obligations under the GDPR (Article 26(1), second sentence, GDPR). This is often the case where a cooperation shares data, platforms or events. → Data and rights
joint management (Gesamtgeschäftsführung)
Management in which several people may act only together. It is the statutory default for the civil-law partnership (Section 715(3) BGB [prüfen]) and likewise for a stock corporation’s management board with several members (Section 77(1) German Stock Corporation Act (AktG)). It turns management itself into a cooperation: each can hold up any of the others, so they have to reach agreement beforehand. → Management as cooperation
joint venture (Gemeinschaftsunternehmen)
A company that several partners set up or hold together to pursue a particular undertaking. In Germany, a limited liability company (GmbH) is often chosen for this. → GmbH and UG as joint ventures
letter of intent
A declaration in which partners record that they intend to negotiate and on what. As a rule it does not oblige them to conclude the main contract. Individual terms, such as confidentiality or exclusivity, may be binding, however, and the negotiations themselves give rise to duties of consideration (Section 311(2) no. 1, Section 241(2) BGB). → Letter of intent
live online
For formats that take place at the same time with sound and picture: sessions, training, hearings, lectures. The expression follows the noun, as in “sessions live online”. → Live online: sound, picture, roles
mediation
A confidential and structured procedure in which parties, with the help of one or more mediators, voluntarily and on their own responsibility seek an amicable resolution of their conflict (Section 1(1) German Mediation Act (MediationsG)). The mediator does not decide but helps the parties find a solution themselves. Mediation can also take place live online. → Resolving conflicts
on site (vor Ort)
Working together in the same physical space. On this site it is the case for comparison with cooperation online, not its yardstick. → Online and on site
recognition (Anerkennung)
The mutual relationship in which people accept one another as persons and as contributors. For Hegel, recognition is the condition under which freedom becomes real. For cooperation this means: I am free in it only if I accept the freedom of the others, even where it changes my plans. → Recognition
shareholders’ agreement (Gesellschaftervereinbarung)
A contract among shareholders alongside the articles of association. It may cover voting arrangements, contributions of work, information channels or the procedure in case of dispute. It binds only its parties, not the company as such and not automatically future shareholders. → Shareholders among themselves
synchronous (synchron)
Working together while acting at the same time, on site or live online. Synchronous work suits decisions, clarifications and anything that depends on immediate back and forth. → Synchronous and asynchronous
televenses
A coinage from tele (Ancient Greek for “far”) and elevenses, the English term for a short break around eleven o’clock with tea or coffee and a snack. It also echoes the French élève (“pupil”), which goes back to the Latin elevare (“to raise up”). It was the name of the author’s former breakfast round live online. → Meeting online
video call (Videogespräch)
An everyday conversation with sound and picture over the internet, at work or in private life. → Live online: sound, picture, roles
video hearing (Videoverhandlung)
A court hearing in which participants take part by audio-visual transmission (Bild- und Tonübertragung). In civil proceedings this is governed by Section 128a ZPO: the court may permit participation by audio-visual transmission and, since the 2024 reform, may under certain conditions also order it [prüfen]. → Resolving conflicts
written resolution (Umlaufverfahren)
Taking a decision without a meeting, with votes cast in text form one after another or at the same time. In a GmbH this is permitted if all shareholders agree in text form to the resolution or to casting their votes in writing (Section 48(2) German Limited Liability Companies Act (GmbHG)). Associations and other legal forms have their own rules. → Decisions and meetings
As at 30 September 2026