Key Aspects of German Business Law
Michael Wendler • Bernd Tremml Bernard Buecker Editors
Key Aspects of German Business Law A Practical Manual Fourth Edition
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Editors Michael Wendler Wendler Tremml Rechtsänwalte Mörsenbroicher Weg 200 40470 Düsseldorf Germany
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Bernard Buecker 1220 Tower Life Building 310 S. St. Mary’s San Antanio, Texas 78205 USA
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Dr. jur. Bernd Tremml, M.C.J. Wendler Tremml Rechtsanwalte Martiusstraße 5/ II 80802 München Germany
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The information contained herein is general information and is not intended to provide legal advide. Should you require legal advice, you should seek the assistance of counsel. Copyright © 2006 Michael Wendler, Bernd Tremml, Bernard Buecker
ISBN: 978-3-540-68574-6
e-ISBN: 978-3-540-68577-7
Library of Congress Control Number: 2008929899 © 2008 Springer-Verlag Berlin Heidelberg This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permissions for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH, Heidelberg, Germany Printed on acid-free paper 9 8 7 6 5 4 3 2 1 springer.com
Preface
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. In comparison to the last edition four new areas (transportation law, customs regulations, insurance law and state liability law) are treated. 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. Although it is the object of this book to provide readers with a general orientation and the foundation for making informed decisions concerning busi