: German
Business and Commercial Laws: Guide to Translations into English and Select
Auxiliary Sources
by
Martina Kammer and Anne Scharrenberg
Published February 2005
Martina Kammer is a know-how
& information manager at Linklaters Oppenhoff & Rädler. She holds a
master's degree in library and information science (MLIS) from the Palmer
School of Library and Information Science of Long Island University (1998) and a
master's in interpreting and translating (Diplom-Dolmetscher/Übersetzer) from
the University of Leipzig, Germany (1976).
Anne
Scharrenberg is a free-lance information consultant looking
back at many years of experience as a law librarian and legal researcher at
major international law firms. She holds the German equivalent of a master's
degree in library science from the Fachhochschule für Bibliotheks- und
Dokumentationswesen Köln (Cologne School of Library Science and Records
Management, 1980).
Update
to an article previously published on LLRX.com on
<http://www.llrx.com/features/german.htm>
Compilations
of Business and Commercial Laws
General
Private and Commercial Law
Civil
Code/Code of Civil Procedure
Industrial
and Intellectual Property Law
Banking
Law/Financial Markets/Negotiable Instruments
Other
(Including Industry-Specific Laws)
German
Business and Commercial Laws in the Vernacular - Major WWW Sites
Business
and Commercial Law Guides/Handbooks
General
Private and Commercial Law
Industrial
and Intellectual Property Law
Real
Property Law/Business Tenancies
Mergers
and Acquisitions/Takeover of Companies
General
Business Information Sources
General
Information Sources About Doing Business in Germany
Comprehensive
Business and Legal Websites
Legal and
Business Dictionaries
Online
Dictionaries and Translation Aids
Alphabetical
Index of Laws Available in Translation
As
more business is conducted cross-border and globally, there is a growing demand
for translations of business and commercial laws. This compilation is designed
as an aid for people involved in international legal and business transactions,
students, translators and anyone else who might be interested in locating
English translations of German business and commercial laws. Included are
translations in print format and those available on the World Wide Web without,
however, making a claim to completeness. In addition, this bibliography points
to related sources in English providing background information on the economic
and legal environment for doing business in Germany, and to a number of useful
tools, such as dictionaries of business and legal terms, both in print and online.
Also included for reference purposes is a selection of links to major legal websites
in the German vernacular. Brief source descriptions have been provided wherever
the authors have had a chance to look at the materials. Currency has been a
major priority, but not so recent sources have been included for reference
purposes as well. When using or referring to these materials, it needs to be
borne in mind that they may be out of date, incomplete, or, in the worst of
cases, incorrect. Hence it stands to reason to check their origin and currency,
or consult an expert in German law on any substantive issues involved.
Rüster, B. (ed.). Business
Transactions in
Five-volume
set in English providing extensive and in-depth coverage of the various aspects
of business dealings and business law in Germany, with a separate volume of
translations of pertinent laws and code sections (Commercial Code, Act Against
Restraints of Competition, Act Against Unfair Competition, Banking Act, Act on
Limited Liability Companies, Stock Corporation Act, Standard Contracts Act,
Patent Act, Copyright Act, Trademark Act, and others).
Commercial Laws of
Provides
the texts of legislation in English, and also in the original language when the
authentic English text is unavailable.
Commercial Laws of the World:
The
section on
The German Law Archive.
This
Website features German statutes in English translation, as well as cases and
literature on German Law in English (also see at Comprehensive Business and
Legal Sites).
German
Laws in English Translation.
Website
maintained by Robin Stocks of Words-Worth, a translating service, featuring a
large number of English translations of German laws, business laws and others. Most of the explanations on this site are in
English, while the very useful index of laws available in translation on the
Internet is in German.
The Code of Civil Procedure
Rules of the
The
English text of the two laws with a glossary of terms in German/English.
The German Civil Code.
Translations
of the German Civil Code (BGB) as amended to January 1, 1992, and of the
Introductory Act to the Civil Code (EGBGB) of August 15, 1896 (including
amendments to January 1, 1992), with an introduction in English and a
German-English/English-German index.
Stewart, Charles E. German
Commercial Code and Code of Civil Procedure in English.
English
Texts of the Code of Civil Procedure Rules and The Introductory Act for the
Code of Civil Procedure Rules, without index or commentary.
German Law of Obligations. Part
of the Civil Code, the Law of Obligations was reformed in 2001.
German-English Text with a short introduction available
from the website of the German Law Archive.
The Commercial Code - Book 4, Chapter 7: Commercial Agent
English text of sections 84-92 from the Website of the
law firm Blume
& Assam
English Text of sections 407-475 from the Website of the Deutsche
Gesellschaft für Transportrecht
Peltzer, M./Doyle,
J., Voight, E.A. German Commercial Code / Handelsgesetzbuch. 5th revised edition. Köln: Dr.
Otto Schmidt Verlag, 2002.
German-English
text with an introduction in English. The revised edition takes into account
the considerable changes in the law during the past few years. The introduction
provides a useful summary and overview of the Code and includes pointers to the
most relevant or problematic sections.
Picot, G: Mergers &
Acquisitions in
Important
parts of the Commercial Code in English translation. English-German Glossary of
Terms.
Stewart, Charles, E. German
Commercial Code and Code of Civil Procedure in English. Translated by Charles
E. Stewart.
2001.
English
Text of the German Commercial Code, without index or commentary.
The Act Against Unfair Competition
Available in English from the WIPO
Website
Text
of
Available
in English translation from the WIPO
Website
German Industrial Property,
Copyright and Antitrust Laws: Legal Texts. 2nd revised edition. Weinheim;
English
translations of the main statutes in these three fields of law with a brief
introduction to, and select bibliography of German and English sources in, each
of these fields.
Beier, F./Schricker,
G./Fikentscher, W. German Industrial Property, Copyright and Antitrust Laws.
Weinheim, FRG;
Text
of the laws in English with an introduction: Patent Act, Utility Model Act,
Trademark Act, Act Against Unfair Competition, EEC Treaty (Art. 85, 86),
Copyright Act and Publishing Act.
Aufenanger, Martin.
Markengesetz - The German Trade Mark Act of 1995. 2. Aufl. Weinheim;
The
German and English texts of the German Trade Mark Act of 1995 with an
introduction and glossary of terms.
Text
of October 25, 1994 as last amended by law on July 16, 1998, available in
English translation from the WIPO
Website [http://www.wipo.org/].
The Gesetz über die Erstreckung von gewerblichen
Schutzrechten/Law on the Extension of Industrial Property Rights
(Erstreckungsgesetz - ErstrG)
Text
of
Patentgesetz/Patent Law from the World Intellectual Property Organization site.
Text
of
Text
of August 28, 1986, as last amended by
the Law on the Reform of the Professional Statute of Attorneys and Patent
Attorneys of September 2, 1994, available in English from the WIPO Website
Urheberrechts-Wahrnehmungsgesetz/ Law on the Administration
of Copyright and Neighboring Rights
Text of
Urheberrechtsgesetz/Law on Copyright and Neighboring Rights
Text of September 9, 1965, as last amended by the
Law of July 16, 1998, available from the WIPO Website
Rüster, B. (ed.). Business
Transactions in
Many
of the laws mentioned under this section are also available in volume 5 of this
source.
For further legislative texts
relating to German industrial and intellectual property law see the World
Intellectual Property Organization's (WIPO) Website under Collection of Laws for Electronic Access (CLEA)/Legislative
Texts/Germany.
Stewart, C.
Insolvency Code and Act Introducing the Insolvency Code / Insolvenzordnung mit
Einführungsgesetz zur Insolvenzordnung. Frankfurt am Main: Fritz Knapp Verlag,
1997.
German-English
text of the law with an introduction in English.
Gres, J./Frege, M. Insolvenzordnung /
German Insolvency Act. Köln: O.Schmidt, 2002.
German-English Text with an introduction in German and
English.
Insolvency Statute/Insolvenzordnung of
Available from the Website of the German
Ministry of Justice].
The Germany Cooperative Societies Act
Available
in English translation on the Website of NATLEX,
a continuously-updated database of the ILO (International Labour Organisation)
containing references to over 55,000 national laws on labour, social security,
and related human rights.
Gres, J./Gerber,
D.J. The German Law Governing Standard Business Conditions / AGBG - Gesetz zur
Regelung des Rechts der Allgemeinen Geschäftsbedingungen. Köln: Dr. Otto
Schmidt Verlag, 1977. (Abolished by the law of obligations reform)
German-English
text of the above law, with a short introduction.
Peltzer, M./Brooks,
J.P/Hopcroft, T. German Law Pertaining to Companies with Limited Liability /
GmbHG - GmbH-Gesetz. 4th revised edition. Köln: Dr. Otto Schmidt Verlag, 2000.
Synoptic
German-English text of the law with an English introduction to German limited
liability company (GmbH) law.
Meister, B./Heidenhain, M. The
German Limited Liability Company. 5th
edition. Frankfurt am Main: Fritz Knapp Verlag, 1988.
Introduction
to the German Limited Liability Company Act, with a synoptic German-English
translation of the law, and related legal provisions regarding the articles of
association and other documents establishing the company, the structuring of
the balance sheet, profit/loss accounting of a company, and the commercial
register extract.
Peltzer/Hickinbotham, A. German
Stock Corporation Act and Co-Determination Act. Aktiengesetz und Mitbestimmungsgesetz. Köln: Otto Schmidt, 1999.
German-English
Texts of the German Stock Corporation Act, the Co-Determination Act, and the
Labour Management Relations Act, with an extensive introduction in English and
a German-English/English-German index.
Schneider, H./Heidenhain, M.
The German Stock Corporation Act. 2nd revised edition.
Stock
corporation law in English with an extensive introduction.
Zschocke, C. The German Stock
Corporation Act. 3rd fully revised edition. Frankfurt am Main: Knapp-Verlag, 2001.
A
bilingual edition in consideration of the Law of Registered Shares and
Simplified Rules for the Exercise of Voting Rights, with an introduction to the
German stock corporation law.
Benkert, M./Bürkle, A. Law of
Reorganizations/Reorganization Tax Laws. Umwandlungsgesetz/
Umwandlungssteuergesetz. Bilingual edition with comprehensive introduction.
Köln: RWS Verlag Kommunikationsforum GmbH, 1996.
Synoptic
translation of the German laws. German/English - English/German glossary of
terms.
Oliver, M.C. The Private Company
in Germany. A Translation and Commentary. 2nd edition.
Series on International Comparative Law.
Commentary
on and introduction to German company law; synoptic German-English text
(British English!) of the Private Companies Act of 1980; German-English
glossary of terms.
Peltzer/Hickinbotham.
Umwandlungsgesetz und Umwandlungssteuergesetz. Transformation
Act and Transformation Taxation Act. Frankfurt
am Main: Knapp-Verlag, 1996.
German-English
edition with an introduction.
Rüster, B. (ed.). Business
Transactions in Germany (FRG).
Many
of the laws mentioned under this section are also available in volume 5 of this
source.
Endres/Möller.
Corporate Taxation in Germany / Unternehmensbesteuerung in Deutschland. 2nd ed.
Düsseldorf: IDW-Verlag, 2001.
Synoptic
translation of statutory instruments with notes for foreign investors. Corporation
Tax Act; Reconstructions Tax Act (Reorganization Tax Act) and important parts
of the Income Tax Act, Trade Tax Act, Tax Management Act and Real Estate
Management Act. Including selected regulations of the authorities, German and
English indexes and a further reading list.
Tulloch, A. German
Reorganization Tax Act / Umwandlungssteuergesetz. Köln: Dr. Otto Schmidt
Verlag, 1995.
German-English
synoptic text, with an introduction in German and English. The footnotes
reproduce the German text and English translation of the numerous legal
provisions to which the Reorganization Tax Act refers. The keyword index also
serves as a bilingual glossary of terms.
Amann, R. German Tax Guide. The
Hague/Neuwied: Kluwer Law International/Luchterhand, 2001.
Includes
the Foreign Tax Act in its previous and new versions and some circulars
relating to the application of this act. English-German/German-English Glossary.
Meyer-Landrut,
J./Miller, F.G./Thoma, G.F. The German Turnover Tax Law 1980/Umsatzsteuergesetz
1980. Frankfurt am Main: Fritz Knapp Verlag, 1980.
Synoptic
German-English text with an introduction in English.
Bellstedt, Christoph.
International Transactions Tax Act and Administrative Principles on Income
Allocation: English-German Text. Köln: Otto Schmidt
Verlag, 1983.
Synoptic
texts in German and English of the 1972 International Transactions Tax Act as
amended and the German Finance Ministry's Administrative Principles on Income
Allocation with a list of abbreviations and an index in both German and
English.
Benkert, M./Bürkle, A. Law of
Reorganizations/Reorganization Tax Laws. Umwandlungsgesetz/
Umwandlungssteuergesetz. Bilingual edition with comprehensive introduction.
Köln: RWS Verlag Kommunikationsforum GmbH, 1996.
Synoptic
translation of the German laws. German/English - English/German glossary of
terms.
Tax Laws of the World.
The
volume on
Peltzer,
M./Hickinbotham, A.G. Transformation Act and Transformation Taxation Act /
Umwandlungsgesetz mit Umwandlungssteuergesetz. Frankfurt am Main: Fritz Knapp
Verlag, 1996.
A
German-English synoptic text of the law with commentaries in English.
Rittler, T: Umsatzsteuergesetz
/ Turnover Tax Law. Selbstverlag 2003.
Synoptic
translation of the German law.
U.S.-German Tax
Treaties/Doppelbesteuerungsabkommen USA-Deutschland.
Available
in English (Income and
Capital / Estate and Gift Tax) and German (Einkommen und Vermögen) from the website
of German attorney Reimar Pinkernell. Both the German and English versions
feature a clickable table of contents.
Schneider, H./Kingsman, D. Act
Concerning Co-Determination of Employees. Frankfurt am Main: Fritz Knapp Verlag, 1976.
Bilingual
text, including the Labor Management Relations Act and (partly) the Stock
Corporation Law.
English
Translation of the Works Constitution Act, Executives' Committee Act, Act on Co-determination in the Coal, Iron and Steel Industry,
Act on Co-determination by Employees (Co-determination Act 1976), Supplementary Co-determination Act Works Constitution Act 1952 and European Works Councils Act from the
official website of the Federal
Ministry of Health and Social Security. German text available from the website Gesetze im Internet, a site
maintained by the Federal Ministry of Justice in co-operation with JURIS GmbH.
Lingemann,
S./Steinau-Steinrück, R./Mengel, A. Employment & Labor Law in Germany.
München: Beck, 2003.
A
brief and succinct overview of the German system of employment and labor law
including the impact of social security and tax law plus German-English
synoptic translations of the most important German labor law statutes and
codifications, including the Works Constitutions Act, Co-Determination Act,
excerpts from the Civil Code, the Commercial Code, the Law Pertaining to Companies
with Limited Liability, the Stock Corporation Act and others.
Tepass, M./Parssinen D. German
Labor Law. Introduction and Collection of German Labor Law Statutes.
An
introduction to German labor law plus translations of the most important German
labor law statutes and codifications, including excerpts from the Civil Code,
the Commercial Code, the Social Security Code, and the Employment Promotion
Act, the Persons with Disabilities Act, the Protection from Dismissal Act, and
others.
Weber, U./Wrede, B. German
Labour Law. An Investor's Guide to German Labour Law. Köln: PfA Praktikerforum für Arbeits- und Wirtschaftsrecht GmbH, 1996.
Coverage
of the pertinent legal provisions, as well as examples of cases. Selection of
sample contracts and other documents and a list of the official laws with an
English translation in Part VIII.
Peltzer/Hickinbotham, A.,
German Stock Corporation Act and Co-Determination Act. Aktiengesetz und Mitbestimmungsgesetz. Köln: Otto Schmidt, 1999.
German-English
Text with an introduction in English.
Reitzle,
H./Butenschön, A./Bergmann, J. Gesetz über Arbeitnehmererfindungen. Act
on Employees' Inventions. 2nd ed. Weinheim:
Verlag Chemie, 2000.
German
-English Text with introduction and German-English, English-German Glossary.