What is business law

Commercial law

The free development of economic activities is guaranteed by the legal framework. Business law encompasses the entirety of all laws and standards that regulate business activities. The focus is on maintaining the functionality of the economic system. A distinction must be made between public and private commercial law. In addition, the areas of international and European business law must also be taken into account. Public commercial law includes the norms that affect the structure of the economy. This is shaped by economic constitutional law and also by the regulatory area of ​​economic administrative law. The economic constitution law contains legal norms to regulate the economic order.

The free social market economy is anchored in the Basic Law of the Federal Republic of Germany. In addition to the basic right to freedom of trade as part of the general right of personality according to Art. 12 of the Basic Law, the property guarantee and the right of inheritance according to Art. 14 of the Basic Law are of particular importance for the economy. This creates the same conditions for all traders and guarantees legal security for their economic activity and the continued existence of their company. The welfare state principle guarantees economic and social security. This becomes clear from the basic right to human dignity according to Article 1 of the Basic Law, from the right to free development of the personality according to Article 2 of the Basic Law and from the principle of equality according to Article 3 of the Basic Law. The rule of law - Article 20 of the Basic Law - states that the administration may only act on a legal basis. The economic administration is based on the primacy of the law. It must refrain from prohibited action and approve permitted action. The Basic Law guarantees democracy and federalism. The tasks of economic administration are divided between the federal and state governments. In economic policy and legislation, the competences mostly lie with the federal government; however, economic development is based on regional structures and branches of industry. There is also protection of fundamental rights for general economic activity. The freedom of association in accordance with Art. 9 of the Basic Law enables people to come together for any purpose and thus also to set up companies for commercial purposes. The freedom of association in accordance with Article 9 of the Basic Law (Paragraph 3) concerns the maintenance and promotion of working and economic conditions. Employers' associations and trade unions in particular enjoy inventory protection and protection. Article 11 of the Basic Law guarantees freedom of establishment. According to Article 12 of the Basic Law, all Germans have the right to freely choose their profession, workplace and training facility. The guarantee of property and inheritance rights in accordance with Article 14 of the Basic Law also includes the social commitment of property. Economic administrative law serves to maintain the functionality of free competition. In general, measures of economic planning, economic monitoring, economic control and economic development are taken. The special business administration law includes special areas such as tax law, antitrust law, commercial law, environmental protection law and data protection law. Commercial criminal law is also assigned to public commercial law. In contrast to public commercial law, private commercial law includes all those laws and legal norms that affect the relationship between legal subjects. The core area of ​​private business law is the principle of private autonomy. Every entrepreneur and every company can decide whether and with whom a contract is to be concluded and which content is regulated in it. Contract law belongs to the area of ​​civil law. In addition, private commercial law also includes commercial law, company law, labor law and other areas of economic activity. In individual areas, e.g. in labor law, competition law, banking law and commercial legal protection, the separation between public and private commercial law has been abolished.

The epitome of the legal norms that regulate the control, promotion or limitation of self-employment and are based on the maxims of macroeconomic correctness and social justice. The most important areas are: norms on admission to trade and occupation, state control of. Production, distribution and investment, management of goods and services, subsidies, price monitoring, cartels and restraints of competition. International regulations in this area (EC law, GATT etc.) are becoming increasingly important. Business law in the broader sense is understood to mean the entirety of the norms relating to business. Literature: Fikentscher, W., Wirtschaftsrecht, 2 vol., Munich 1983.

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