Commercial law is a part of civil law that deals with trade between businesses and consumers. It covers the legal basis for the business behaviour of companies, especially with regard to contracts, competition, consumer protection and trademark rights.

Commercial law is a very complex area that encompasses many different types of laws, rules and regulations. It provides companies with a legal basis to legally secure their business.

It protects both consumers and businesses from unjustified actions, in particular by protecting against unfair competition, fraud and other illegal acts.

Commercial law also regulates how businesses interact with customers, such as how contracts are made, how fraud can be avoided and how businesses can protect trademark rights.

Commercial law is a very important part of modern business life. It is important that companies familiarise themselves with the legal basics in order to run their business in a legally secure way.

Therefore, it is advisable that businesses consult a lawyer with experience in commercial law to ensure that they comply with the legal requirements.

Commercial law lawyer for entrepreneurs

As an entrepreneur, you need a lawyer to help you structure and manage your business. A lawyer can help you draft contracts, comply with legal requirements and manage your rights under contracts.

A commercial law solicitor can help you with a range of issues relating to your business. These include:

  • Starting a business; complying with legal requirements and rules
  • Drawing up contracts
  • Enforcing your rights under contracts
  • Advising on the drafting of shareholder agreements, business plans, bonds and loans, deposit agreements, purchase agreements, lease agreements, share and share certificate agreements, insurance agreements, licence agreements, service agreements;
  • Advising on the introduction of business procedures, drafting financial and tax regulations, competition rules, employment contracts, insolvency laws and much more.

A lawyer can also help you enforce your rights under contracts. He can assist you in drafting, reviewing and negotiating contracts to protect your interests.

He can help you understand and resolve complex legal issues to protect your business from unnecessary risks. A lawyer can help you comply with all legal rules and regulations.

He can also help you draft business contracts or company agreements. A lawyer can also help you prepare and negotiate court proceedings and also help you comply with insolvency regulations.

A lawyer is an indispensable partner if you are starting or running a business. If you are starting or running a business, you should consult an experienced and competent lawyer to protect your rights and interests.

What is commercial law? A definition

Commercial law is a part of civil law that governs the legal basis for trade. It deals with the rights, obligations and conduct of merchants, companies and other trading participants.

It includes, among other things, the formation and legal form of companies, the provisions on the contract of sale, liability and the rights of creditors and debtors, the rules on commercial books and the provisions on insolvency.

In addition to the Commercial Code, there are other laws that affect commercial law, such as the GmbH Act, the Stock Corporation Act and the Securities Trading Act.

Introduction of commercial law in Germany

Commercial law is an essential part of the German legal system. It was introduced in the 19th century to regulate the rights and obligations of companies and business partners in Germany.

The basic features of commercial law can be traced back to the 18th century, when the German Civil Code (BGB) was adopted. The BGB is the basis of German civil law and contains provisions that regulate commercial transactions.

Commercial law was further developed in the 19th century and became an important part of the German legal system. It consists of various laws, including the Commercial Code (HGB) and the Companies Act (AktG). These laws regulate all aspects of commerce, including corporate governance, accounting and finance.

Commercial law has evolved over time and is an important part of the German legal system. It provides a number of benefits, including regulating the rights and obligations of companies and business partners, facilitating trade and promoting economic growth.

Commercial law in Germany is constantly revised to ensure that it is up to date and provides companies with a uniform framework for doing business. It is an important part of the German legal system and supports the business activities of many companies in Germany.

Impact of EU Directives on Germany

The European Union (EU) has introduced a number of directives that have a major impact on German commercial law. These directives are valid at the European level and have an impact on many areas of German commercial law.

  1. An example of such a directive is the Directive on Electronic Commerce (EC Directive 2000/31/EC). This directive regulates the various rights and obligations that exist when conducting business over the internet.
  2. It ensures that consumers and businesses can act lawfully on a uniform basis. Another EU directive that has an impact on German commercial law is the Directive on Restraints of Competition (EC Directive 1/2003).
  3. This directive regulates how companies may compete with each other. It protects consumers and small businesses from unfair competition and ensures that EU member states adhere to the principles of free competition.
  4. In addition, the EU Merger Directive (EC Directive 2001/23/EC) regulates the rules that must be followed in the case of company takeovers. This directive stipulates that the takeover process must be fair and transparent in order to protect the interests of the parties involved.
  5. Finally, the Consumer Rights Directive (EC Directive 2011/83/EU) was adopted to protect the interests of consumers in the EU. This directive sets binding standards for consumer protection that apply in all EU Member States.

Overall, the EU Directives have a major influence on German commercial law. They ensure that businesses and consumers can trade fairly on a uniform basis and that the principles of free competition are observed.

The importance for entrepreneurs

Commercial law is an important part of the legal system for entrepreneurs. It regulates the legal relationships between companies and their business partners, as well as the obligations and rights of companies towards each other and towards the state.

An important aspect of commercial law is the regulations governing the formation and management of companies, such as the establishment of limited liability companies (GmbHs) or public limited companies (AGs). It also regulates the duties of managing directors and supervisory boards.

Another important topic is competition law, which protects companies from being disadvantaged by unfair means while ensuring that competition remains fair.

Commercial law regulations are also of great importance for concluding contracts and enforcing claims, especially in international trade. It also regulates obligations in the event of withdrawal from contracts and liability for defects.

Overall, commercial law is an important part of the legal system for entrepreneurs as it regulates the legal relationship between companies and their business partners and ensures that competition remains fair while protecting companies from unfair practices.

Contract law in commercial transactions

Commercial contract law governs the legal rules that apply to the conclusion, performance and fulfilment of contracts between two parties. These rules are also referred to as commercial laws and are primarily derived from general contract law.

First of all, both parties must agree to enter into a contract. This means that they must agree on the essential elements of the contract, such as the subject matter of the contract, the terms and the obligations of the parties.

They must also ensure that the contract is legally valid and complies with the applicable laws. Once a contract has been successfully concluded, both parties must fulfil their obligations.

This means that they must make their payments at the agreed time and deliver the agreed products or services at the agreed quality and cost. If one party does not fulfil its obligations, the other party can claim compensation or damages.

In such cases, a court may also be involved to bring about a decision on the dispute. In conclusion, contract law in commercial transactions serves to regulate the rights and obligations of the parties involved and to ensure the performance of the contract.

It is therefore important that both parties are attentive and honest before entering into a contract in order to avoid problems and guarantee a positive outcome.

Challenges for entrepreneurs

Entrepreneurs in the commercial industry have to overcome a variety of challenges in order to be successful. Some of these challenges include understanding and complying with commercial law, managing competitive distortions and meeting the legal obligations associated with running a business.

An entrepreneur’s success in commercial law depends on his or her ability to learn about and comply with the various rules and regulations in commercial law.

Entrepreneurs also need to have an understanding of the various aspects of commercial law to ensure that they act in accordance with all applicable laws and regulations.

Another challenge for entrepreneurs is managing distortions of competition. Entrepreneurs need to ensure that they do not violate legal rules when trying to strengthen their position in the market.

This requires a thorough examination of the laws that regulate competition to ensure that they are acting in accordance with competition law. Finally, it is also important for entrepreneurs to comply with their legal obligations.

These include complying with the law when buying and selling goods, complying with financial, tax and labour laws, and complying with the law when it comes to data protection.

To ensure that legal obligations are met, entrepreneurs need to keep themselves regularly informed about legal changes in their industry. In addition, entrepreneurs in commercial law must have the various legal tools and strategies to resolve potential disputes.

These include drafting contracts, negotiating contractual clauses, developing legal strategies and consulting lawyers. These are some of the challenges faced by entrepreneurs in the trade industry.

By understanding and following the legal requirements, they can achieve the best possible results and reach their business goals.

Frequently asked questions answered

1. What is commercial law?

Commercial law is a part of German civil law. It regulates the legal relationships between companies, especially those that arise in the course of a business activity.

2. What is the difference between commercial law and civil law?

Civil law is the general part of the German legal system that regulates the legal relationships between persons and companies. Commercial law is a special part of civil law and deals with specific legal issues that arise in connection with the business activities of a company.

3. What rights and obligations arise from commercial law?

Commercial law regulates many different legal issues, including, for example, liability for damages resulting from a business activity, relations between companies and customers, rights and obligations in contracts and much more.

4. What influence does commercial law have on companies?

Commercial law has a very big impact on businesses. Businesses must comply with applicable laws and regulations to avoid being prosecuted criminally or civilly. They must also comply with the requirements of commercial law in order to preserve their rights and obligations towards their customers, suppliers and other businesses.

5. Which courts have jurisdiction over commercial disputes?

In Germany, the regional courts and the higher regional courts are responsible for commercial law disputes.

6. What means are there to resolve a commercial law dispute?

There are various ways to resolve a dispute in commercial law. The most commonly used means are negotiation, mediation and arbitration.

7. What role does the legislator play in the development of commercial law?

The legislator plays a very important role in the development of commercial law. It regulates which rules apply to companies through laws, regulations and directives.

8. What is a commercial code?

The German Commercial Code (Handelsgesetzbuch, HGB) is a German legal book that regulates the legal relationships between companies and forms the basis for German commercial law.

Commercial law lawyer advises entrepreneurs

Commercial law is an important part of the law that regulates the way businesses and individuals trade with each other. It protects the rights of all parties involved by setting clear boundaries for all parties, and it helps to resolve disagreements between parties.

It is a complex area of law that requires a comprehensive understanding of all relevant laws and rules. Therefore, it is important that companies engaged in trade strive to understand and comply with trade law in order to protect their rights and conduct a fair and equal business.

Trade law is a complex area, but it is important to familiarise yourself with the legal framework. If you need help resolving your commercial law issues, contact the Herfurtner Law Firm today.

There you will receive expert advice and legal support. Contact the Herfurtner law firm now and get the support you need.