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Tag: 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

Corporate Criminal Law in Germany

Doing business in Germany? You should better know what corporate criminal law is all about. Economic or corporate criminal law is the collective term for all criminal provisions that criminalise offences in the area of the economy. It is the state’s response to economic crime and it serves to protect the structure of the economic…
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Introduction to the German Commercial Code: HGB

How is the Commercial Code structured? The most important legal source of commercial law is the Commercial Code (HGB). In addition, the general provisions of the German Civil Code (BGB) also apply. The Commercial Code comprises a total of five books and is structured as follows: Book I (§§ 1-104a HGB) includes, among other things,…
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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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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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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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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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