FROM TRADITIONAL COMMERCIAL AGENCY LAW TOWARDS A MODERN LAW OF PRODUCT DISTRIBUTION
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Sale and distribution of goods and services is subject to fundamental change. The German Commercial Code, however, only deals with commercial agents (§§ 48 et seq.), for this system of distribution had been common in the 19th century. Today the law of distribution is to be developed by case law following the main ideas of §§ 48 et seq., for instance in franchise systems. Separate from, but nonetheless linked to commercial law, the rules of competition law have to be adhered to. Courts will interpret these rules without recourse to the different legal construction of the distribution system.
- K. Schmidt, Bucerius Law School, Jungiusstraße 6, 20355 Hamburg, Bundesrepublik Deutschland; c/o A. Kurowska, Uniwersytet Jagiellonski, Instytut Prawa Wlasności Intelektualnej, ul. Kanonicza 14, 31-002 Kraków, Poland
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