The commercial law is the whole of all and public legal rules and measures under private law and criminal, with those the state on the legal relations at the economic life took part among themselves and in relation to the state influences and is the generic term for the right of the trade as well as the legal basis of the economic policy.

The commercial law consists of three elements:

• The economic constitution right
• The restaurant administrative law
• Restaurant private law

The economic constitution right

In principle the Basic Law for the Federal Republic of Germany (GG) does not plan an expressly determined restaurant form for the Federal Republic of Germany. GG makes possible even the socialization of the According to economics that, No. 11 and exp. 2 the GG are concretely constitutionally arranged.

In opinion of the Federal Constitutional Court therefore the Basic Law is economiceconomics neutral and becomes only by the condition principles of on the right of and welfare state, which bind fundamental rights and the democracy. Other opinions that the Basic Law plans for instance the economic constitution of the social free-market economy (so still Nipperdey), in contrast to this not intersperse could not itself.

The restaurant administrative law

The state forms a system of the interference and achievement administration by its administrative mechanisms. Therefore the restaurant administrative law becomes by the subsidy right (promotion of economy development), the monopoly administration, whose adjustment or management of the market (economic control) configures and by the danger warning (monitoring of the economy).

Restaurant private law

Restaurant private law determines the rules of the goods and achievement exchange on the market between producers, dealers and consumers, who are given by the regulations in the civil law book, in the commercial law (HGB, GmbHG, AktG, PartGG, GenG among other things). In addition into that also the European commercial law a large role plays now 25 European Union states. In particular within the range of the European corporate law the Societas Europae (European corporation) is considerable. Apart from these regulations also the regulations of the commercial legal protection are to be called, whereby frequently overlaps with the restaurant administrative law are present.

Commercial law as course of studies

Commercial law designates also a course of studies at professional schools and also universities. In the meantime see in addition commercial law (course of studies) gives it also courses of studies.

Articles in category "Commercial law"

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