Luxembourg Trade Law
Specialties at the right under Kaufleuten

Compared with the well-known in Germany right rules are in the Luxembourg Trade and Economic few things to note.

Looking at the Trade and Business Law in Luxembourg somewhat accurate, it is already on, that the current worldwide in over 70 countries applying CISG (which Germany has followed since 1991) in Luxembourg first since 1 February 1998 is valid.

In its 101 articles regulates the CISG, when to use it (especially in the purchase transactions in movable goods) and what rights and obligations of the parties in their business transactions have. In addition, the purchase rights, whether under a breach of duty a damages requirement arises.

Since Luxembourg and Germany, the States of the CISG are subject to purchase and plant supply contracts automatically the CISG, unless the Parties of their respective offices in these countries. An effective transport of goods across the border is not necessary, since it only to the establishment of the party arrives. It is also a sale of goods in Luxembourg or Germany after German CISG to determine if the other contracting party is established in each other's country.

The provisions of the CISG is not mandatory, but can be excluded by contract. Instead, for example, can be agreed, the law of the country to apply, in which the buyer is established.
Sale

Should not the CISG, but the Luxembourg national sales law applies, the rules of the Civil Code should be noted that substantially the French Civil Code follows. While there are for trade purchase no specific standards, but there are certain of the Luxembourg law has developed principles to be applied.

Sales are in no special form. The writing, however, is preferable for reasons of proof. When retention of title is to be written, if you in the event of insolvency of the buyer wants to be protected.
Ownership transition

As in the German commercial law, the seller to the buyer the goods are handed over to him and the ownership of the goods provide, and the buyer must be in accordance with the agreed payment terms to pay the purchase price.

Under Luxembourg law understanding of the property but with the completion of the purchase to the buyer, making it the Übergabeakt no longer needed. This is a basic characteristic, since the agreement with the Sachgefahr also automatically transferred to the buyer is. This is always important when a product for sales will be damaged or lost. In such cases there is always the question of whether the seller or deliver again but the buyer still pay.
Terms and Conditions

Unlike in Germany in Luxembourg exists no independent statutory scheme to the GTC. Only consumer businesses can rely on protection contained in a Consumer Protection Act, 25 August 1983 were down.

In opposing the uses (eg, the delivery condition of the supplier "Prepayment" contradicts the condition of the customer shopping "payment") is contradictory in terms of clause no valid agreement was arrived. It is an express agreement is safer than the use of STC-clauses.
Credit Law

Under Luxembourg law (art. 2011 Civil Code, ff) is a payment guarantee, a common hedging instrument. There is, however, the peculiarity that they (unlike in Germany) no compelling writing knows. It is true for "normal" guarantees that the only court can be invoked if, in amounts exceeding EUR 2,500 are writing (Art 1341 Code Civil). This however does not apply to guarantees in commercial transactions.

The Germany of the hedging instrument used as security is alien to the Luxembourg law, the absence of collateral propertyless publicity does not recognize. However, liens on movable assets (Art Civil Code 2073 et seq) and also a storage lien is known. When storage lien securing the goods remain in the inventory of the debtor and the creditor goods is a "stock certificate" was issued in payment of arrears to sell the pledge subject merchandise is used. It also knows the Luxembourg law also known as "privileges" in the enforcement action (or in the event of insolvency of the debtor) grant privileges.
Assignment of receivables

The rules for assignment of claims similar to those of French law. For the final assignment of the contract, there are no formal rules. A third effect of the assignment contract but can only occur if the debtor of the assignment has been informed.
Product Liability

By law, 25 July 1985, Luxembourg has the EC Product Liability Directive and regulations similar to those of the German Product Liability Act. Regarding the product is in Luxembourg law, the basis of the EC GPSD of 2001. Then the product relates to the composition of a product, the packaging and manual.

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