What is trading business

Commercial transactions

Commercial transactions in the sense of the HGB are all transactions of a merchant that belong to the operation of his commercial trade (Of 343 ff. HGB). In a unilateral trade, only one of the two contractual partners is a merchant within the meaning of the HGB; accordingly, in a bilateral trade, both have merchant status.

Commercial transactions within the meaning of the HGB are the individual legal transactions and similar actions (such as: reminder, setting deadlines, performance and acceptance of the performance) of a businessman (merchants) that belong to the operation of his commercial trade (Section 43 (1) HGB). The basic ice cream transactions referred to in Section 1 (2) of the German Commercial Code (HGB) are also considered to be H. if they are concluded by a merchant in the course of his trade, which is usually directed towards other businesses (Section 343, Paragraph 2 of the German Commercial Code). According to Section 344 (1) of the German Commercial Code (HGB), a rebuttable presumption applies that, in case of doubt, legal transactions carried out by a merchant belong to the operation of his trade. For promissory notes signed by a merchant (in the broader sense, e.g. including bills of exchange, commercial order papers or contract confirmations), this presumption can only be refuted on the basis of the document itself (Section 344 (2) HGB). The commercial transactions are regulated in the 3rd book of the HGB once in the general regulations (SS 343372) and then as individual types of commercial transactions, commercial purchase, commission business, forwarding business, warehouse business, freight business. The following peculiarities apply to commercial transactions: According to S 346 HGB, commercial trades are particularly important; certain formal requirements of the BGB do not apply, surety, promise of debt, acknowledgment of debt; under the conditions of § 362 HGB and according to the principles of silence on a commercial letter of confirmation, a contract is concluded even without acceptance of the application; Commercial transactions are regularly paid for (S 354 HGB); a special statutory interest rate applies ($ J 352, 353 HGB); the protection of good faith when purchasing from unauthorized persons is extended to the protection of good faith in the power of disposal (S 366 HGB); special features apply to the commercial right of retention (§ § 369, 370 HGB).

are all transactions of a merchant that belong to the operation of his trade (§ 343 HGB). See also commercial law and commercial transaction, unilateral and commercial transaction, mutual.

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