COMMERCIAL LAW (NATIONAL AND INTERNATIONAL)

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Commercial law primarily comprises rules that directly regulate economic transactions, in particular commercial transactions. In addition, license and sales contracts are of great relevance because they affect the sales structure. Commercial law regulations are spread across various legal sources. In German law, for example, they can be found in the German Civil Code (BGB) and the German Commercial Code (HGB). In the case of cross-border issues, there is the option of making a choice of law within certain limits. Accordingly, the contracting parties have the option of choosing whether German, Italian, US or Japanese law should apply. Without a choice of law, one must resort to rules which solve the conflict of laws, such as Regulation (EC) No. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations (so-called Rome I Regulation). In addition, there are rules like, e.g. the United Nations Convention on Contracts for the International Sale of Goods (CISG), which regulate international matters directly and thus take precedence over national law.

The legal sources are therefore diverse and widely scattered. These include national laws, regulations of European Community law, bilateral and multilateral treaties (agreements and conventions) as well as customary law requirements, such as trade customs. As a result, international trade regularly poses greater legal challenges for market participants than is the case with national trade. Communication difficulties and a complex network of conflicting or divergent regulations can endanger the success of a business, in particular the enforcement of claims. Against this background, it is essential to make binding contractual regulations, for example on the choice of law, place of jurisdiction, liability and warranty, payment terms, notification duties, delivery conditions, transfer of risk and retention of title, etc. In the event of a dispute, this gives the contracting parties a strong basis for negotiation and, at best, can avoid lengthy, very complex legal disputes in distant countries.

Our legal advice includes, in particular:
 

• Drafting contracts in national and international legal transactions

• Support in the negotiation of contracts in national and international legal transactions

• Creation of general terms and conditions (GTC) for national and international legal transactions

• INCOTERMS

• Advice and representation in contractual disputes, nationally and internationally

• International litigation

• Cross-border enforcement of claims

• Letters of credit and bank guarantees

• Advice on the establishment and operation of franchises

• Advice and representation in disputes related to franchise

• UN sale of goods law (CISG)

• Establishment of foreign companies

WE ARE ALWAYS AVAILABLE TO YOU FOR FURTHER INFORMATION AND YOUR QUESTIONS.

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Contact us now:

E: info@win-legal.com

T: +49 (0) 211 882 50270

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