Trade Regulations (Germany)

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Basic data
Title: Trade Regulations
Abbreviation: GewO
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Trade law
References : 7100-1
Original version from: June 21, 1869
( Federal Law Gazette p. 245)
Entry into force on: October 1, 1869 (Title I. II. IV. To X.)
or January 1, 1870 (Title III.)
New announcement from: February 22, 1999
( BGBl. I p. 202 )
Last change by: Art. 5 G of June 19, 2020
( Federal Law Gazette I pp. 1403, 1406 )
Effective date of the
last change:
July 30, 2020
(Art. 7 G of June 19, 2020)
GESTA : E033
Weblink: Text of the trade regulations
Please note the note on the applicable legal version.

The trade regulation ( GewO ) is a German law that defines and limits the freedom of trade in terms of content . It was enacted in 1869 as the “Trade Regulations for the North German Confederation ”, became the “Trade Regulations for the German Empire” in 1883 and, with many changes, is still valid today.

Regulatory content

In principle, it is desirable to operate a business. Therefore, as a rule, no permission is required, only registration. The provisions of individual trades are specified in the trade regulations. Moreover, the working ratio or is employment by the provisions of 105 to 110 §§ industrial code determined in more detail ( Arbeitszeugnis , Directorate right , etc.).

The trade regulations also serve to avert danger . The penal provisions of the trade regulations (§§ 148-148b) belong to secondary criminal law . The trade regulations also contain the regulations for the central trade register at the Federal Office of Justice .

The European Services Directive was incorporated into the trade regulations with effect from December 28, 2009 and thus implemented in national law.

Applicability in other legal systems

The German trade regulations continue to apply as the Code local des professions (law of 26 July 1900) in Alsace and in the Moselle department .

See also

Individual evidence

  1. Trade Regulations for the German Reich, Reichsgesetzblatt 1883, p. 177 ff.
  2. Law for the implementation of the Services Directive in trade law and in other legal provisions of July 17, 2009 ( Federal Law Gazette I p. 2091).
  3. Confirmed by Art. 7 No. 2 of the law of June 1, 1924 introducing French civil law in Bas-Rhin, Haut-Rhin and Moselle ; see. also Heinz Stauth: Administrative Court of Strasbourg: 75th anniversary celebration on 9/10 December 1994 in the European Parliament . In: NVwZ . Vol. 14,1, 1995, p. 349 f.

literature

  • Karl Heinrich Friauf (Ed.): Commentary on the trade regulations. Loose-leaf works. Verlag Luchterhand, ISBN 978-3-472-10570-1 .
  • Trade regulations and supplementary regulations , loose-leaf collection and comments, Verlag CH Beck, Munich
  • Johann-Christian Pielow (Ed.). Comment on trade regulations. Verlag CH Beck, Munich 2009, ISBN 978-3-406-56964-7 .
  • Peter Tettinger, Rolf Wank, Jörg Ennuschat: GewO. Comment. 8th edition. Verlag CH Beck, Munich 2011, ISBN 978-3-406-61410-1 .
  • Anna Hoppe (Ed.): Gewerbeamtspraxis online. Online specialist information . Verlag WEKA MEDIA GmbH & Co. KG, Kissing 2013, ISBN 978-3-8276-1059-1 .

Web links