Business law of the GDR

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The economic law of the GDR comprised the legal regulations for the organization of the trade in goods and services in the GDR within the framework of the state planning requirements (five-year planning regulations , annual national economic plan ).

General

While most socialist states adhered to the formal unity of civil law , the GDR introduced the separation of commercial and civil law as early as 1951 with the ordinance on the introduction of the general contract system in the nationally owned and equivalent economy (VVO) . To a certain extent, the new commercial law replaced the old special private law norms of commercial and company law in the area of ​​socialist economic subjects, which nonetheless remained formally in force. Unlike in Czechoslovakia with the Economic Code of 1964, there was no comprehensive codification of internal economic law in the GDR. Instead, the treaty law formed the main standard from 1957 , flanked by numerous other regulations. In foreign trade was right between relations with Comecon of -countries one hand and countries not socialist economic territory (NSW) to distinguish the other.

Economic entities

According to the threefold structure of the socialist concept of property (cf. Art. 10 of the GDR constitution of 1968 ), there were essentially three types of socialist economic units :

There were also a small number of commercial entities under private law. The state also sometimes made use of private forms of organization, especially in the field of foreign trade. Examples of stock corporations : SDAG Wismut , Deutsche Handelsbank (DHB), Deutsche Außenhandelsbank (DABA), Deutsche Auslands- und Rückversicherungs-AG (DARAG), Mitropa . Examples of GmbH : Intercontrol , Intershop , Forum-Außenhandelsgesellschaft , Genex , Kunst und Antiquitäten GmbH .

State economic entities were recorded in the register of the state-owned economy , which was kept at the State Contracting Court from 1969 (previously Commercial Register Part C); other economic entities in the cooperative or commercial register , whose management from 1952 was the districts .

In 1990, as part of the monetary, economic and social union , the socialist economic units were converted into forms under private law (see also Treuhandanstalt ).

Contract law

In 1957 the VVO was replaced by the Contract Act (long form: Act on the Contract System in the Socialist Economy ); this was revised in 1965 and 1982.

The treaty law applied to the domestic economic activity of the socialist economic units; Subsidiary (e.g. for representation ) the general civil law (from 1976 the ZGB ) applied. In the version of 1982, the third part of the contract law regulates the business contracts , including in the 2nd chapter the coordination contracts (§ 35; formerly: global agreements), in the 3rd chapter the performance contracts (special types: research and development services § 61, award of scientific- technical results for paid use § 62, preparation or implementation of investments §§ 63/64, supply contracts § 67, service contracts § 69, usage contracts § 71) and in chapter 4 the contracts for the joint solution of tasks ( cooperation agreements , § 73 ). The fourth part regulated in the 1st chapter the right of service disruptions (including contractual penalties, §§ 56/106), the fifth part regulates the statute of limitations .

State price specifications (Section 50) and general performance conditions (ALB, Section 18) had to be observed in the contracts. There was a far-reaching obligation to contract . The balance sheet was the link between the contract and the plan .

In addition to the law of contracts, in the 1970s the State Contracting Court had the option of imposing economic sanctions under public law (Sections 109/110 of the 1982 Contract Act).

In addition, there were other public law regulations of economic relevance, for example on the allocation of natural resources .

On July 1, 1990, the Contract Act was repealed and briefly by the now law on economic contracts (GW) called GIW replaced.

Foreign trade

The foreign trade was special foreign trade enterprises settled. Foreign trade law was divided into two parts:

Relations with Comecon States

In relation to contractual partners in Comecon states, the general conditions for the delivery of goods between the organizations of the member countries of the Comecon (AB / RGW 1958, ALB / RGW 1968) and similar provisions were applied as uniform international law . The transfer ruble served as the accounting unit .

Relations with other states

In relation to parties in other states ( NSW ) were, if conflict of laws GDR law was to be applied, first HGB and BGB , in 1976 the law on international commercial contracts (GIW) . The Maritime Trade Shipping Act (SHSG) should also be mentioned .

jurisdiction

The State Contracting Court (to the exclusion of the civil courts ) was originally only responsible for contractual claims between socialist economic units (“maintaining contractual discipline”). In 1963, jurisdiction was expanded to include all property claims (including non-contractual claims, for example from offense or management / acting without a mandate ). In 1972 control procedures for the imposition of economic sanctions were added ("maintaining state discipline"). Topics in the court rulings were, in particular, plan – balance sheet contract, investments, foreign trade, science and technology, supplying the population, quality and guarantee as well as material responsibility. The court of contract corresponded to the Soviet state arbitrage .

The court of arbitration at the Chamber of Foreign Trade was responsible for foreign trade arbitration . It was a counterpart to the Foreign Trade Arbitration Commission at the Chamber of Commerce and Industry of the USSR.

literature

Magazines

  • Contract system ( VS , 1.1957–13.1969, ZDB -ID 511553-x ); Commercial law ( WR , 1.1970–21.1990, ZDB -ID 511554-1 ).
  • Foreign trade (1951–1967, ZDB ID 504661-0 ); Socialist foreign trade (1968–1973, ZDB ID 670-1 ); GDR foreign trade (1973–1983, ZDB ID 642802-2 ); AW (1983-1990, ZDB ID 642801-0 ).
    • Enclosure : Law in Foreign Trade (1959–1967, ZDB -ID 124852-2 ); Law in Foreign Trade (1968–1973, ZDB -ID 124850-9 ); Law in Foreign Trade (1975–1990, ZDB -ID 642810-1 ).

Legal norms

Individual evidence

  1. ↑ dated December 6, 1951 ( Journal of Laws of I No. 147 p. 1141 )
  2. ↑ 109/1964 Sb. Hospodářský zákoník
  3. ↑ a b Ordinance on the State-owned Combines, Combine Enterprises and State-Owned Enterprises of November 8, 1979 ( Journal of Laws of I No. 38 p. 355 )
  4. ^ Neue Osnabrücker Zeitung, October 1, 2010
  5. ↑ Ordinance on the tasks, rights and obligations of the state-owned foreign trade enterprises of January 10, 1974 ( Journal of Laws of I No. 9 p. 77 ); Ordinance on the State-owned Foreign Trade Enterprises (AHB Ordinance) of June 29, 1989 ( Journal of Laws of I No. 14 p. 183 )
  6. ↑ a b c Statistical Yearbook of the GDR 1990, p. 212
  7. ↑ Hans-Joachim Herzog: Cooperative organizational forms in the GDR , Tübingen 1982 ( limited preview in the Google book search)
  8. ↑ Law on Agricultural Production Cooperatives (LPG Law) of July 2, 1982 ( Journal of Laws of I No. 25 p. 443 ); Model statutes of the agricultural production cooperatives of April 9, 1959 ( Journal of Laws of I No. 26 p. 333 ); see. OGZ 5, 226 (1957)
  9. ↑ Model statute of the horticultural production cooperatives of June 12, 1958 ( Journal of Laws of I No. 47 p. 536 )
  10. ↑ Model statute of the production cooperatives of inland fishermen from October 1, 1981 ( Journal of Laws of I No. 30 p. 349 )
  11. ↑ Model statute of the fisheries production cooperatives of sea and coastal fishermen from December 15, 1977 ( Journal of Laws of 1978 No. 3 p. 49 )
  12. ↑ Ordinance on the model statute of the production cooperatives of the craft of February 21, 1973 ( Journal of Laws of I No. 14 p. 121 )
  13. ↑ Statistical Yearbook of the GDR 1990, p. 205
  14. ↑ Law on the Colleges of Lawyers and Model Statute of December 17, 1980 ( Journal of Laws of 1981 No. 1 p. 1 )
  15. ↑ Model statute of the purchasing and supply cooperatives of the handicrafts dated February 6, 1986 ( Journal of Laws of I No. 7 p. 65 )
  16. ↑ Model statute of the cooperative funds for handicrafts and trades from January 16, 1974 ( Journal of Laws of I No. 6 p. 63 ); Formerly the model statute of the cooperative banks for craft and trade dated February 9, 1970 ( Journal of Laws of II No. 19 p. 143 )
  17. ↑ Model statute for non-profit housing cooperatives of December 8, 1967 ( Journal of Laws of II No. 12 p. 49 )
  18. ↑ Ordinance on workers' housing cooperatives in the version dated February 23, 1973 ( Journal of Laws of I No. 12 p. 109 )
  19. ↑ Ulf Bischof: Die Kunst und Antiquitäten GmbH in the area of ​​commercial coordination , 2003 ( limited preview in the Google book search)
  20. ↑ Ordinance on keeping the register of the nationally owned economy of October 16, 1968 ( Journal of Laws II No. 121 p. 968 ), of September 17, 1970 ( Journal of Laws of II No. 82 p. 573 ) and of April 10, 1980 ( Journal of Laws of I No. 14 p. 115 )
  21. ↑ Fourth implementing provision for the ordinance on measures to introduce the principle of economic accounting in companies of the nationally owned economy - register of the nationally owned economy - of April 7, 1952 ( Journal of Laws of I No. 45 p. 290 )
  22. ↑ Sections 48-59 of the Ordinance on the Transfer of Matters of Voluntary Jurisdiction of October 15, 1952 ( Journal of Laws of I No. 146 p. 1057 )
  23. ↑ Ordinance on the conversion of state-owned combines, businesses and institutions into corporations of March 1, 1990 ( Journal of Laws of I No. 14 p. 107 ); Law on the structural adjustment of agriculture to the social and ecological market economy in the German Democratic Republic (Agriculture Adjustment Act) of June 29, 1990 ( Journal of Laws of I No. 42 p. 642 )
  24. ↑ Contract Law (VG) of December 11, 1957 ( Journal of Laws of I No. 77 p. 627 ), of February 25, 1965 ( Journal of Laws of I No. 7 p. 107 ) and of March 25, 1982 ( Journal of Laws of I No. 14 p. 293 ); Comment (1977)
  25. ↑ Basic Statement No. 2/1983 on the application of the provisions of the Civil Code to business law relationships of May 16, 1983 (VuM StVG 1983, No. 3, p. 13)
  26. ↑ on this with reference to the Bernhard Großfeld operating premiums fund : Money sanctions for breach of contract in a communist economy . In: The Yale Law Journal . tape 72 , no. 7 , 1963, pp. 1326-1346 , JSTOR : 794555 .
  27. ↑ Ordinance on material, equipment and consumer goods accounting (accounting ordinance) of November 15, 1979 ( Journal of Laws of 1980 No. 1 p. 1 )
  28. ↑ Fourth implementing provision for the ordinance on the tasks and functioning of the State Contracting Court - arbitration on the obligation to pay an economic sanction - from June 15, 1972 ( Journal of Laws of II No. 45 p. 521 )
  29. ↑ such as the law on the systematic organization of socialist national culture in the German Democratic Republic (regional culture law) of May 14, 1970 ( Journal of Laws of I No. 12 p. 67 ) or the Mining Act of the German Democratic Republic of May 12, 1969 ( Journal of Laws of 12) . I No. 5 p. 29 )
  30. ↑ Law on the amendment or repeal of laws of the German Democratic Republic of June 28, 1990 ( Journal of Laws of I No. 38 p. 483 ), §§ 3, 4
  31. ↑ Staudinger - Firsching preliminary remarks. 23 re Art. 27-37 new version EGBGB (1987)
  32. ↑ last GBl. II 1989 No. 4 p. 41
  33. ↑ cf. Law on the application of the law to international civil, family and labor law relationships as well as to international business contracts (Legal Application Act, RAG) of December 5, 1975 ( Journal of Laws of I No. 46 p. 748 ; trans-lex.org )
  34. ↑ dated February 5, 1976 ( Journal of Laws of I No. 5 p. 61 ; trans-lex.org )
  35. ↑ from February 5, 1976 ( Journal of Laws of I No. 7 p. 109 )
  36. ↑ From the ruling practice of the State Contracting Court (1.1971–17.1989, ZDB -ID 528145-3 )