Law and Compliance in Germany
- General Observation
- The seller's duty as well as the methods of quality control have to be defined in very precise terms.
- Law Applicable to the Contract
- For more information refer to the business code.
- Advisable Incoterms
- It is preferable to choose an incoterm FOB or CIF. Avoid EXW, if you do not want to have to take care of the transport in Germany which can be complicated.
- Language of Domestic Contract
- Other Laws Which Can Be Used in Domestic Contracts
- If German law is not used, the law of the other contracting party must be chosen.
Legal Framework of Business
Equity of Judgments
- Independence of Justice
- Judicial power in Germany is independent.
- Equal Treatment of Nationals and Foreigners
- Germany is a constitutional State. Foreign nationals can always benefit from the same treatment as that reserved for citizens in legal matters.
- The Language of Justice
- The legal language is German.
- Recourse to an Interpreter
- Legal Similarities
- The main source of the law is the constitution of May 1949 known as the fundamental law which has also become the constitution of reunified Germany. The country's judicial system is based on a system of civil law bringing together indigenous concepts and judicial revisions of different legislative acts by the Federal Constitutional Court. Germany has not accepted the obligatory jurisdiction of the ICJ. As it is part of the European Union, its national law is bound to submit to the conditions of Community legislation.
The Different Legal Codes
|General Codes||Penal Code
Civil procedure Code
|Specific codes||Commercial Code|
- Checking National Laws Online
German Law Journal
German Official Gazette
German Official Gazette via Makrolog.de
Ministry of Justice Database
Deutsche Anwalt Portal
- Other Useful Resources
Ministry of Justice
- Country Guides
Ministry of Justice
Lexadin, German Legislation
Find Legal Experts in Germany on GlobalTrade.net.
|Federal Constitutional Tribunal (Bundesverfassunsgericht)||Constitutional matters|
|Federal Court (Bundesgerichtshof)||Ordinary jurisdiction|
|Administrative Court||Administrative litigation|
|Ordinary court||Civil and criminal matters|
|Labor tribunal||Professional matters|
|Tax tribunal||Tax litigation|
|European court of Justice||European matters|
- Federal Justice Minister
- Head of the Judicial branch of the federal government, appointed by the Chancellor
- President of the Federal Constitutional Court
- Appointed by the Bundesrat
- Public Prosecuter to the Federal Court
- Appointed by the Minister of Federal Justice
- Minister of Justice of the Lander
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