The term commercial law encompasses all those private, criminal, and public legal norms and measures with which the state influences those involved in economic life and their relationships with one another. For instance, شركة نظافة بجده has to follow business law in their country.
Business law is thus the generic term for business law. The term also includes the legal basis of economic policy.
Therefore, commercial law includes:
- economic constitutional law
- economic administration law
- private business law
- commercial criminal law
Naturally, in a globalized world economy, there is also international business law.
Economic constitutional law
The Basic Law does not prescribe any specific economic form for the Federal Republic. The idea of deriving an obligation to introduce state-controlled socialism from the welfare state principle of the Basic Law remained a minority. Especially since it is questionable to what extent a classic socialist economic model could be combined with the protection of fundamental.
Economic administrative law
The state regulates economic life in a variety of ways. This also happens through direct sovereign intervention, which is therefore part of administrative law. The sovereign can influence economic life both by issuing abstract general norms (ordinances) and by regulating specific individual cases (administrative acts). Since ordinances and administrative acts are subject to the principle of legal reservation, it generally requires legal authorization for this.
A distinction is made between intervention and performance management. The administration of intervention sets barriers to the actions of economic operators, whereas the administration of services should have a promoting effect.
The intervention management is historically older and originated in the 19th century when, within the framework of general freedom of trade and the abolition of medieval guilds and guilds, the state “trade law” as a special right to avert danger, the old guild rules that the professional associations themselves gave themselves without state intervention had replaced. Later came e.g. antitrust law and merger control for the purpose of monopoly control and limitation of the market power of companies.
Commercial criminal law
When it comes to white-collar crime, one usually thinks of fraud and embezzlement or bribery or corruption. In connection with the development of environmental criminal law, the manufacturing industry can increasingly also be targeted by public prosecutors. The actual entrepreneurial decision-making remained outside of the criminal investigation. The economic failure seemed punishment enough.Continue reading