The commercial law is "„the special private law of the buyers "“. This concerns a special area of the private (civilian clothes) right, although it contains also public standards. The validity of the commercial law is dependent on the buyer characteristic at least one of the right subjects involved.

The commercial law is not complete own right, but contains supplementing regulations to the general regulations, in particular the civil law book. That is, the regulations of the BGB apply to buyers only The commercial law considers to the special needs of commercial right traffic:

• high measure of sole responsibility of the action, approximately by contractual penalties ("§ 348 HGB) and form liberty ("§ 350 HGB)
• Entgeltlichkeit also without special agreement ("§ 353 HGB)
• Inclusion of commercial customs ("§ 346 HGB)
• brisk completion, approximately by the requirement of the immediate notice of defect ("§ 377 HGB)
• Right clarity and publicity ("§"§ 5, 15 HGB)

The German Kodifikation of the commercial law in the closer sense is to substantial parts in the commercial code (HGB). In addition Nebengesetze come such as change law and cheque law, the commercial legal protection and the corporate law.

History of the commercial law

The written commercial law decreases/goes back within the German-language range to the urban rights of well-known commercial metropolises like the Hanseatic cities and the free realm cities, in particular Augsburg. Commercial customs, which affect the commercial law since ever ago crucially, continue to go back. Also the Italian bank nature exerted large influence on the commercial law. While the Prussian general Landrecht limited to the condition order, existed in France with the code de Commerce (1807) and in Spain with the de Comercio (1829) important Kodifikationen. To Spain with the law work a first trade register was introduced.

In the German states the general German commercial code (ADHGB) on resolution of the Presidential Election Council of the German federation in the way of the parallel legislation came into force gradually in most Federal States starting from 1861. By realm law it became 1871 the Kodifikation of the commercial law for the whole German Reich. Starting from 1869 the realm upper commercial court (ROHG) was established as the highest Federal court. Starting from 1879 the realm court was responsible for its tasks. The ADHGB was replaced later by the commercial code (HGB), to 10." May 1897 was adopted and with the civil law book (BGB) on 1 January 1900 into force stepped at the same time.

Austria

Austria took over 1939 with few reductions the German commercial code. Efforts exist at present to convert that HGB with a large reform into an enterprise law book.

Switzerland

Switzerland developed no independent Kodifikation commercial law. The commercial law is inkorporiert to a large extent in the Swiss civil code and in the so-called obligation right.

Articles in category "Commercial law"

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