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, regulations for merchants, the commercial register and the trading company, as well as provisions for commercial agents, and regarding procuration and powers of attorney.

Book II (§§ 105-237 HGB) deals with the definition and formulation of legal norms for trading companies such as the general partnership (oHG) or the limited partnership (KG) and silent partnerships.

Book III (§§ 238-342e HGB) contains regulations concerning commercial books and regulations on accounting.

Book IV (§§ 343-475h HGB) defines the general provisions of commercial transactions and at the same time contains provisions for certain types of commercial transactions such as forwarding business, warehousing business and freight business.

Book V (§§ 476-619 HGB) regulates maritime trade.

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