Commercial court
Commercial courts serve to settle commercial disputes. Following the example of the French Tribunaux de commerce , arbiter bodies were set up in almost all European states by the 19th century at the latest, which were partly, predominantly or even exclusively composed of merchants. Even today, European states have commercial courts in different forms and with different jurisdictions.
Judge
Judges who work at commercial courts can be full-time, part- time or honorary judges . Commercial judges who work part-time or on a voluntary basis are also referred to as specialist judges. The addition of part-time judges to the courts is seen as a professional addition to the courts.
dishes
France
In 1807, the Code de Commerce (the Commercial Code) was enacted in France as part of the Napoleonic codes . Art. 615 regulated the introduction of commercial courts (Tribunaux de commerce). This regulation also applied to the Left Bank of the Rhine, which was annexed by France . According to Art. 618 the members were elected by the merchants. It was not a question of professional judges, but of merchants.
Germany
In Germany there are so-called chambers for commercial matters , which according to Sections 93 to 114 of the Courts Constitution Act (GVG) can be formed at the regional courts and, as a rule, were also formed. Such a chamber consists of a professional judge and two commercial judges ( Section 105 (1) GVG). These chambers are responsible if there is a legal dispute between traders , but also for disputes arising from a bill of exchange within the meaning of the Bill of Exchange Act , on the basis of the Check Act , on the basis of the Act against Unfair Competition (UWG) and in the area of trademark and design law . The chambers only take action at the request of one of the parties ( Section 96 (1), Section 98 of the GVG).
Switzerland
An independent commercial court is familiar with the court organization laws of the Canton of Zurich , the Canton of Bern , the Canton of Aargau and the Canton of St. Gallen .
Despite its great reputation in the judiciary and business, the Zurich Commercial Court came under fire in early 2009 when the Zurich lawyer Daniel Schwander, former secretary at the court, criticized the selection of judges and the allocation of the disputes to the individual chambers in a book. After supraregional newspapers reported on this, the canton council made a request to the Zurich government council.
Austria
The Vienna Commercial Court is located in the City Tower Vienna .
Russia
In Russia, the courts responsible for commercial matters are called arbitrage courts .
Commercial judge
The commercial judges have formed national associations, which in turn are amalgamated in a European Union of Judges in Commercial Matters ( Union Européenne des Magistrats Consulaire ).
literature
- Wilhelm Silberschmidt: The Origin of the German Commercial Court. Leipzig 1894.
- Wilhelm Silberschmidt: The German special jurisdiction in commercial and industrial matters, especially since the French Revolution. Stuttgart 1904.
- Daniel Schwander: The Zurich Commercial Court and the industry-specific composition of its panel, origin - practice - criticism. Knowledge Verlag, Berlin 2009, ISBN 978-3-86573-413-6 .
- Alexander Brunner (ed.): European commercial jurisdiction. Stämpfli Verlag, Bern 2009, ISBN 978-3-7272-9808-0 .
Individual evidence
- ↑ Art. 615 ff. Of the Code de commerce
- ↑ 150 years of the Zurich Commercial Court: Arbitration and judging for the economy
- ↑ tagesanzeiger.ch ( Memento from February 7, 2009 in the Internet Archive )
- ↑ tagesanzeiger.ch ( Memento from March 9, 2009 in the Internet Archive )
- ↑ nzz.ch
- ↑ kantonsrat.zh.ch (request)
- ↑ kantonsrat.zh.ch (answer)
- ↑ Vienna Commercial Court