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Commercial Law News

German Commercial law, Company law, Agent law, Business law, Corporate law, Finance law, Sales representatvive law, Transport law, Shipping law, CSIG, INCOTERMS, Tax law, European Commercial law

AGB – General Terms and Conditions in Germany

What should you know about the GTC Regulation in Germany? General terms and conditions (GTC) are all pre-formulated contractual terms for a number of contracts which one contracting party (user) provides to the other contracting party when concluding a contract, according to section 305 (1) sentence 1 of the German Civil Code (BGB). GTCs are…
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Commercial and Business Law Experts: Who Are They 

Commercial and Business Law Experts: Who Are They  Commercial Law is a very interdisciplinary field of law. The business law degree programme is very broad, so that the areas of application and fields of activity for graduates vary greatly. By choosing certain focal points during your studies, you can specialise in certain sectors before graduation.…
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Limited commercial authority

Limited commercial authority (German: “Handlungsvollmacht”) authorizes the holder of it to undertake all transactions and legal acts commonly associated with operating a commercial enterprise. The powers of representation pursuant to this authority are limited to the execution of business transactions of the commercial enterprise. The taking out of loans and the conducting of litigation proceedings…
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Commercial law consequences in case of an identity theft – latest BGH Decision

BGH: Unfair commercial act in the case of unauthorised request for payment in the case of identity theft BGH, Judgement from 20.10.2021 – I ZR 17/21 Facts of the case The plaintiff is a consumer protection association registered in the list of qualified entities within the meaning of Section 8 (3) no. 4 UWG. The defendant…
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Commercial law and administrative fines: a case

Today we are talking about an interesting commercial law case discussed at the Frankfurt am Main Higher Regional Court (Order of 18.03.2021 – 6 W 8/18 -).  The case: Offers on Amazon.de  Amazon.de generally uses an algorithm to arbitrarily illustrate products, so that if for instance an unpacked printer cartridges is offered, this could appear…
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International commercial law in Germany and Europe

International Business allows us to smoothly trade all around the world, export and import products from and to different countries with no restrictions. However, a fundamental aspect is not to be forgotten: once you have entered a foreign territory, you also indirectly agree to enter their legal systems and regulations. The importance of legally compatible…
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Value Added Taxes – No Say No Pay?

Value Added Taxes – No Say No Pay? Karlsruhe Regional Court (Ref. 14 0 31/20 KfH) Has it already happened to you that the costs estimated from the seller is much less than the actual final price?  Stop wrapping your head around it and seek for legal help! The Case Mr. Falkenbach becomes clear information…
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German agency agreement

Agency Agreement   between the company ………………………. (name of the company and location of the headquarter)   – hereinafter referred to as company – and Mr. / Company ……………………………. (name of the sales representative, address)   – hereinafter referred to as commercial agent-   § 1 Legal status of the commercial agent The commercial agent acts…
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Incoterms

EXW = Ex Works The responsibility is in this case on the seller. This delivers as soon as the goods have been provided to the buyer on the production site (warehouse, factory, etc.) without the goods being cleared for export and loaded onto a vehicle. This clause therefore constitutes the minimum obligation for the seller,…
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Commercial agent compensation

The commercial agent may have the right for a settlement claim at the end of the contractual agreement. This settlement represents the compensation for services provided by the commercial agent, which also have a beneficial effect on the entrepreneur after the contractual relationships has ended. The appropriate compensation therefore related to expected sales to the…
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