!!!Handelsrecht
Commercial Law, special private law (lex specialis) for merchants as
opposed to civil law. Based on the German Commercial Code
(Handelsgesetzbuch HGB) of 1897 introduced in Austria on January 1,
1939. The Commercial Code not only regulates questions of the firm
name, of commercial power of attorney and full power of attorney,
partnerships (general and limited partnerships), dormant partnerships
and accounting in accordance with the commercial code, but also
questions of legal relations between merchants and their contracting
partners; in general it is immaterial whether the contracting partner
is also a merchant or not (unilateral commercial transactions, section
345 of the Commercial Code). Many areas of commercial law are covered
by special legislation, such as company law (regulating private and
public limited companies, cooperative societies, etc.), law on
securities (regulating bills of exchange, cheques, etc.), law on
transportation, banking and insurance law. Special legislation also
regulates the activities of commercial agents and brokers.
!Literature
R. Holzhammer, Allgemeines Handelsrecht und
Wertpapierrecht, %%sup 4/%1993; H. Krejci, Grundriss des
Handelsrechts, 1994.
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