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The Theory of Enterprise Law in the Federal Republic of Germany

The Theory of Enterprise Law in the Federal Republic of Germany THOMAS RAISER Th e Theory of Enterprise Law in the Federal Republic of Germany In the Federal Republic of Germany, as in other countries of the Continental and Anglo-American legal families, the organizational law of economic enterprises lies in the commercial and company law as this developed during the 19th century. The basic provisions are found in the Commercial Code which, with the Civil Code, came into force in the year 1900. The former's fundamental organizing concepts are those of the "merchant," the "commercial company," and the "commercial transaction." It is significant for the style and spirit of the Commercial Code that the rules concerning sole traders and partnerships come first and second, respectively, while those concerning the company limited by shares (i.e., publicly-traded) fol­ lows only in third position. The concept of the enterprise occurs only incidentally and is used without either an explanation or in any autonomous definitional sense. Since World War I, and in increased measure after the end of World War II, however, the concept of "enterprise" has gained in significance both in general and in the legal terminology. It is the basic concept and object of numerous laws which use it in place of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Theory of Enterprise Law in the Federal Republic of Germany

American Journal of Comparative Law , Volume 36 (1) – Jan 1, 1988

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Publisher
Oxford University Press
Copyright
© 1988 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840186
Publisher site
See Article on Publisher Site

Abstract

THOMAS RAISER Th e Theory of Enterprise Law in the Federal Republic of Germany In the Federal Republic of Germany, as in other countries of the Continental and Anglo-American legal families, the organizational law of economic enterprises lies in the commercial and company law as this developed during the 19th century. The basic provisions are found in the Commercial Code which, with the Civil Code, came into force in the year 1900. The former's fundamental organizing concepts are those of the "merchant," the "commercial company," and the "commercial transaction." It is significant for the style and spirit of the Commercial Code that the rules concerning sole traders and partnerships come first and second, respectively, while those concerning the company limited by shares (i.e., publicly-traded) fol­ lows only in third position. The concept of the enterprise occurs only incidentally and is used without either an explanation or in any autonomous definitional sense. Since World War I, and in increased measure after the end of World War II, however, the concept of "enterprise" has gained in significance both in general and in the legal terminology. It is the basic concept and object of numerous laws which use it in place of

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 1988

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