Commercial law and commercial transactions
LAVVIT advises entrepreneurs, merchants and companies.
Individual entrepreneurs, merchants and trading companies are subject to special rules for their business-related transactions, which fall under the term commercial transactions. These are special rights or obligations that must be observed if a company does not want to suffer economic shipwreck. Commercial transactions exist if both contracting parties are merchants; sometimes it is sufficient if only one of the contractual partners is a merchant. And: In case of doubt, a transaction made by a merchant is considered a commercial transaction (§ 344 Paragraph 1 HGB).
The "honest merchant" is not just a bon mot, but characterises a special German merchant tradition that is not known in other cultures. The German merchant has a reputation to defend, which means that he is also obliged to exercise particular care, as stipulated in § 347 HGB: i.e. beyond the normal level.
LAVVIT advises when special care and rules are required for commercial transactions:
Respect for trade customs
Penalties
Guarantee
Commission
Assignment
Current account
Collateral
Performance times
Merchant's silence, commercial letter of confirmation
Good Faith Acquisition
Right of retention
Commercial purchase (delay in acceptance, destination purchase, fixed trade purchase, defects in the purchased item, etc.)
Competent advice on commercial law issues
As a company law-oriented law firm, LAVVIT represents entrepreneurs and companies in all commercial law issues:
Company founding
Business acquisition and business continuation
Law of the company in the narrower sense (company name)
Right of representation in the company, in particular procuration and power of attorney
Law of commercial transactions (contract issues, acquisition of property, commercial purchase and commission)
Distribution law (commercial broker, sales representative, commission agent, authorised dealer, franchising)
Transport and storage law
Other commercial transactions (banking transactions, insurance transactions, hire purchase, leasing, licence and software agreements)
International commercial law and commercial law in German-Italian legal transactions