A commercial custom is obligatory a commercial business custom become by collective exercise. Contrary to the customary law, which results only from practice of many years as well as right conviction, commercial customs can form even in shorter time. The concrete arrangement can be quite different thereby after place and industry. In Germany commercial customs are strength of law ("§ 346 HGB) during the interpretation of commercial actions and omissions for considering in particular declarations of intention. They do not represent however according to the dominant opinion in the jurisprudence legal rules (see K. Schmidt, corporate law, "§ 1 III 3a, P. 23, Cologne 2002, ISBN 3-452-24679-5).

In contrast to today's general trading conditions commercial customs in Germany and Austria validity without consideration for will stating and knowledge of the contracting parties have, them can however expressly be excluded. If it comes to the controversy, German the Chambers of Commerce and industrie e.g. provide appraisals, which apply before court.

In Switzerland, in which there is no commercial code, commercial customs apply only, if they were specified and agreed upon expressly (in writing). In the international trade by the international Chamber of Commerce fixed Codifizierungen, the Incoterms in such a way specified applies for Paris.

Examples

An outdated kind of play so of a commercial custom is the practice of the "“hand impact"” usual in rural cattle markets. Struck if two took part in, i.e. applauded their one on the other, the sales contract was considered as final. One calls such a for many centuries usual practice also faithful and faith business. Another example is the parquet trade in the stock exchange, where by tiny indication signals business comes off. Also this is increasingly contentious whether it can be still up-to-date, since opposite electronic Orders for the business customers disadvantages and risks occur by time delay with the completion of the documentation and Durchreichung.

Literature

• Sabine Lissner: "“Commercial customs"”. Augsburg, Univ., thesis 1999
• Wolfgang Michael Schroeter: "“The effects of actual and technical changes in the expiration of the trade on commercial customs and "“Incoterms "". 139 S. Bielefeld, Univ., Diss., 1999
• Konrad Hagen: "“The usage and faithful and faith in operate"”. Veit, Leipzig 1894. 38 S. Leipzig, Univ., Diss., 1894

See also: Umgangsformen, usage, label

Articles in category "Commercial custom"

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