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The Divergence of Austrian and German Commercial Law - What Kind of Commercial Law Do We Need in a Globalised Economy?


Mathias M. Siems


Durham University - Durham Law School; University of Cambridge - Centre for Business Research


International Company and Commercial Law Review, pp. 273-278, 2004

Abstract:     
This article discusses the recent reform of Austrian commercial law. This reform will replace the existing, German based, Commercial Code with a new Business Enterprise Code, and will therefore lead to a divergence of German and Austrian law. The first part of this article outlines the rise and fall of the Commercial Code in Austria. In the second part the new Austrian approach is compared with the commercial law of Germany, France and England. The third part assesses the reform of Austrian commercial law. It is suggested that the Austrian reform has failed to accommodate new challenges in the development and evolution of commercial law.

Number of Pages in PDF File: 6

Keywords: Commercial law, Austrian law, German Commercial Code, comparative law, globalisation, divergence, convergence

JEL Classification: K20, K22, N40

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Date posted: November 23, 2005  

Suggested Citation

Siems, Mathias M., The Divergence of Austrian and German Commercial Law - What Kind of Commercial Law Do We Need in a Globalised Economy?. International Company and Commercial Law Review, pp. 273-278, 2004. Available at SSRN: http://ssrn.com/abstract=853844

Contact Information

Mathias M. Siems (Contact Author)
Durham University - Durham Law School ( email )
50 North Bailey
Durham, County Durham DH1 3ET
United Kingdom
HOME PAGE: http://www.dur.ac.uk/mathias.siems
University of Cambridge - Centre for Business Research ( email )
Top Floor, Judge Business School Building
Trumpington Street
Cambridge, CB2 1AG
United Kingdom
HOME PAGE: http://www.cbr.cam.ac.uk/about_us/siems.htm
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