This book presents a clear and precise overview of the key aspects of German business law. It was written by attorneys involved in the daily practice of business law in Germany and is aimed at people who wish to orient themselves quickly with the German legal system and the manner in which it impacts business purchases, establishment, operations and liquidations. The first section of the book is devoted to an explanation of the major issues to be considered in acquiring or establishing a business in Germany. The second section focuses on areas of commercial law that are important for an operating business. The following sections deal with labor law as an independent part of German business law and with computer law. Furthermore, procedural law and European law are addressed. Finally, the last two sections of the book are devoted to an overview over the German tax law, which has an enormous impact on business decisions, and IP law. In all sections special attention has been paid to highlighting and explaining the differences between the German legal system and that of the United States. Nevertheless, the intention is to provide information that will prove valuable to all foreigners, particularly business men and women and lawyers advising clients with an interest in doing business in Germany.
Содержание
Overview of the German legal system and its role in light of Germany’s membership in the European Communities.- How to establish or acquire a business in Germany.- Recognized forms of business organizations.- Establishment of a company or branch office.- The Acquisition of closely held Companies.- Valuation of business enterprises.- “Pseudo-foreign companies” in Germany — The Centros, Überseering and Inspire Art decisions of the European Court of Justice.- Commercial law.- The law of contracts.- General terms of business (AGBs).- Torts.- Product liability under German and European law.- Real-estate property law Germany.- The law of bankruptcy and security interests.- Unfair competition.- The law of public procurement.- Distribution agreements.- Private public partnerships.- Copyright.- Labor law.- Aspects of German labor law.- Residence and work permit.- Essentials of social security law in the Federal Republic of Germany.- Computer law.- Computer law.- Electronic commerce.- Protection of internet domain names.- Procedural law.- Enforcement of rights and claims through the courts and arbitration tribunals/The German attorney fees.- Principles of the legal regulation of attorney fees.- Notaries in Germany.- European law.- Institutions of the European Community.- Antitrust law in the European community.- Tax law.- German tax law.- IP.- The PCT and the enforcement of patents in Europe.- Trademark protection in Germany and Europe.
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