The Preußisches Allgemeines Landrecht of 1794 applied to Prussian state territory. Legal provisions for burgher classes could be found in Eighth Title. This comprised rules for craftsmen in addition to these for artists and fabricants and for merchants. Here §§ 475 bis 496 ALR defined characteristics of a merchant. §§ 497 bis 545 ALR affected factors and dispatchers whereby procuration,'' a special power of attorney, could be found in §§ 498 et seq. ALR. §§ 546 to 553 ALR dealt with merchant assistant and apprentices, §§ 562 to 613 ALR with trading books and §§ 614 to 683 ALR with companies. Mecantile interests werde regulated by §§ 684 to 697 ALR, brokerages by §§ 698 to 701 ALR and merchant recommendations by §§ 702 ti 712 ALR.
Code de commerce
In areas west of the Rhine and in Baden French Code de commerce of 1808 ruled.
Particular law und Common law
Apart from that Particular law or subsidiary Common law, here ius commune, were applied.
Draft of 1849
Preliminary works for ADHGB can be traced back to 1848/49. Already Paulskirche Constitution of 28 March 1849 provided in § 64 inter alia establishing a General Commercial Code. On 2 December 1848 a commission had started preparations previously. In March 1849 finally the „Entwurf eines allgemeinen Handelsgesetzbuches für Deutschland“ was presented. After the Prussian King Friedrich Wilhelm IV had rejected the imperial crown, that he was offered on 4 April 1849, the constitutional project miscarried. In the same year Commission dissolved.
The ADHGB
Nuremberg HGB-Commission
On a proposal from the Kingdom of Bavaria the Federal Convention of the German Confederation establish a commission, that should elaborate a commercial code. That was 21 February 1856. King Maximilian II Joseph of Bavaria is said to have motivated the project in person. The Prussian deputy for the Federal ConventionOtto von Bismarck thereby voted not against the application against, what contravene with the instruction form the Prussian Prime MinisterOtto Theodor von Manteuffel Also on the suggestion of Bismarck not Frankfurt am Main, Federal Assembly's official seat, but the ancient trading town Nuremberg was chosen as conference venue. So the working group should go down in history as Nuremberg HGB-Commission. The commission presided by the Bavarian Ministry of Justice Friedrich von Ringelmann was in session as of January 1857. Also numerous merchants belonged to the commission. German mercantile community and jurists thereby pronounced against Code de commerce as a model for ADHGB, because it was pre-industrial characterized and thus been overtaken by circumstances. Instead a Prussian draft war favoured as a working basis.
Resolution on ADHGB
On 31 May 1861 this "Nuremberg Draft" of an Allgemeines Deutsches Handelsgesetzbuch was recommended to be introduced in the individual states by the General Assembly of the German Confederation. As of 1861 ADHGB apllied in German Confederation´s member states as inentical right. Some federal states, like the Free City of Hamburg, even declared ADHGB applicable for legal transactions without merchant participation.
Development after 1866
was dissolved in Augsburg on 23 August 1866. ADHGB persisted in the former federal states.
Germany
took over ADHGB by federal act on 5 June 1869. ADHGB remained in force in German Empire in accordance with Imperial Act of 16 April 1871. Supreme court for the interpretation of ADHGB was Reichoberhandelsgericht, that later was merged in Reichsgericht. ADHGB was replaced in German Empire by the Handelsgesetzbuch, that was legislated on 10 May 1897. The HGB came into force together with the Bürgerliches Gesetzbuch on 1 January 1900.
Austria
The ADHGB was introduced as Allgemeines Handelsgesetzbuch in the Empire of Austria on 1863. After establishment of the Republic of Austria it was applied until the annexation to the German Realm on 13 Märch 1938. Then it was gradually replaced by the Handelsgesetzbuch.
Liechtenstein
The Allgemeines Deutsches Handelsgesetzbuch was assumed by the Principality of Liechtenstein by the act of 16 Septembre 1865. To the present day its binding law. Large parts however were replaced by the Personen- und Gesellschaftsrecht on 19 February 1926. The ADHGB has still practical significance for the sectors procurators, authorized representative, commercial brokers and trading activities.
Content
With its basic concept ADHGB pursues preponderantly an objektive system represented by Levin Goldschmidt, that defines merchant objektive by means of legally standardized trading activities. Orientation on professional conduct according to Johann Heinrich Thöl was clearly rejected.
Reception
Germany
In the absence of a "Allgemeines Deutsches Bürgerliches Gesetzbuch" ADHGB included also general rules for representation , fulfilling and purchase agreement , that should be "a landmark template" for future Bürgerliches Gesetzbuch.
Japan
The German jurist Hermann Rösler authored a draft of a commercial code for Japan in 1884, that was influenced by the ADHGB.
