COMMERCIAL LAW & DISTRIBUTION LAW
Commercial and distribution law form the basis for your business success. Once you have decided on a corporate form, the classic legal questions regarding contracts, general terms and conditions, distribution systems, representation, taxes as well as e-commerce and internet law arise. We offer legal advice on your special rights and obligations within the framework of the commercial status of a company, on various questions of competition law, on commission and compensation claims etc.
WHAT IS COMMERCIAL LAW AND DISTRIBUTION LAW?
Commercial law is the special private law of merchants, which primarily results from the regulations of the German Commercial Code (HGB). The regulations of the German Civil Code (BGB) are subsidiary to this, because you as an entrepreneur are entitled to a special private autonomy, but also less need for protection than a consumer. This accelerates or simplifies everyday business and on the other hand increases the intensity of protection in legal transactions. Globalization has greatly increased the density of the regulatory network in commercial law. Especially supranational organizations as well as EU directives and regulations have a great influence on the daily business of entrepreneurs. Therefore, in addition to the regulations of the German Commercial Code (HGB), trade customs, customary commercial law and, in individual cases, UN sales law play an important role.
Closely related to commercial law are, within the framework of German law, labor law, antitrust law, craft and trade law and often also family and inheritance law. In addition, questions may arise with regard to insolvency or criminal law and any special features in the conduct of proceedings or litigation.
Distribution law regulates the distribution of goods and services and is primarily the law of the various distribution systems. The selection of a distribution system suitable for the company is the first important step towards later business success. The main types of contracts are the commercial agency, franchise and authorized dealer contracts. Especially questions of antitrust law and the area of internet law are complex and have their own dynamics in the context of distribution law. Furthermore, there is a close connection to international regulations, as the export trade is constantly expanding.
The team at JUR | URBAN specializes in assisting you with our comprehensive know-how in German and international law and a pronounced economic understanding.
IN COMMERCIAL LAW AND DISTRIBUTION LAW
JUR | URBAN offers the following services in commercial law and distribution law, among others but not exclusively
- Exclusivity rights
- Franchise agreement
- Commercial contracts and AGBs:
Preparation of general terms and conditions and commercial contracts
- Selection and design of the distribution system
- Sales agent commission
- Commercial agency agreement
- Authorized Dealer Agreement
- Non-compete obligations
- Confidentiality: If the parties agree to arbitration, the proceedings are not public but take place in front of closed doors.
- Speed: Proceedings in public courts can often take years, especially if the range of available instances is exhausted. Arbitration usually leads to a speedy settlement of the matter.
- “Rules of the game”: The parties are also free to choose rules of procedure that deviate from the Civil Procedure Code and that may be more advantageous.
- Enforceability: A major advantage of arbitral awards is their international enforceability. Therefore, an arbitration clause may be appropriate, especially if the dispute involves a third country.
- Costs: The procedural costs for the arbitrators are usually higher than those under the Court Costs Act. This is especially true when three arbitrators have to be appointed.
- Verifiability: As a rule, arbitral awards are equivalent to a final judgment. In this respect, it cannot in principle be challenged by another court. This does not apply if the arbitration rules provide for a further instance or – exceptionally – in the case of gross procedural errors.