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Category: commercial law

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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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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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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Commercial agent law in Germany

Characteristics of a commercial agent/sales representative Sections 84 to 92c of the German Commercial Code (HGB-Handelsgesetzbuch) regulate the rights and obligations of the commercial agent and the company represented. According to section 84 HGB, a commercial agent is the person entitled in representing an independent trader, mediating with other entrepreneurs or finalizing businesses on its…
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German Commercial Law

Commercial law concerns all the relations between business partners. The most important legal regulation in Germany is the commercial code (Handelsgesetzbuch – HGB). In every business negotiations, HGB applies. Many questions of interpretation are also solved and regulated by the statute law, commercial practice and trade customs. German commercial law has been heavily influenced by…
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