Commercial law (Germany)

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Commercial law is a field of special administrative law that primarily serves to avert danger . Commercial law is part of business administration law .

The trade law guarantees and limits the freedom of trade , one of the oldest civil rights in the modern state. Most trades do not require a permit , but some industries require a special permit . Trade law in the narrower sense places special demands on traders. As a rule, this person is obliged to become a member of a chamber such as the Chamber of Commerce and Industry or the Chamber of Crafts . Often there are also special requirements for the reliability of traders, for example in the security industry ( Section 34a GewO).

There are three types of trade : standing trade , travel trade and market trade , but these are not defined by law.

Under constitutional law , trade law in Germany is based on the freedom of occupation , the right to property and the general freedom of action (Art. 12, 14, 2, Paragraph 1 of the Basic Law ).

The most important norms of trade law in the narrower sense in Germany are or were:

but also numerous labor laws with a regulatory character (such as the Occupational Safety and Health Act ).

The dangers emanating from commercial plants (commercial law in the broader sense) are today mostly dealt with by environmental law . The most important standardization is the Federal Immission Control Act .

The annual federal trade law conference takes place in a different federal state each time.


Web links

Individual evidence

  1. Activities requiring approval (overview) List from A to Z with statutory provisions and competent authority. Website of the IHK Frankfurt am Main , accessed on October 23, 2019