The Handelsgesetzbuch (HGB, in English Commercial Code) contains the core of the commercial law in Germany. It regulates the legal relations of merchants and therefore it is also designated as "the special private law for merchants".
HGB | |
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Citation | Law text (German) Book 5 Maritime Trade (English) |
Territorial extent | Federal Republic of Germany |
Passed | 10 May 1897 |
Commenced | 1 January 1900 |
Summary | |
Commercial Law |
The Bürgerliches Gesetzbuch (BGB) (English Civil Code) is only subsidiary applied to merchants beside the HGB. Beside that the HGB contains the regulations for the Offene Handelsgesellschaft (OHG) (English General partnership), the Kommanditgesellschaft (KG) (English Limited partnership) and the Stille Gesellschaft (stG) (English Dormant partnership).
HGB provides regulation to accounting for limited companies.
HGB also has a few penal provisions.
Precursor of the Handelsgesetzbuch (HGB) was the Allgemeines Deutsches Handelsgesetzbuch (ADHGB) of 1861. ADHGB was replaced in the German Empire by the HGB, that was legislated on 10 May 1897. The HGB came into force together with the Bürgerliches Gesetzbuch (BGB) on 1 January 1900.
HGB also contains in the fifth Book the Maritime Trade Law (Seehandelsrecht). The HGB is arranged as follows
(table of contents):