ABSTRACT
The principal source of law for these areas is statutory: for commercial law generally, the Commercial Code (Handelsgesetzbuch (HGB)), and for the law of business associations, a number of additional statutes for specific business forms. Gaps left by these provisions will be filled by reference to either newer statutes or the ABGB, and less frequently to case law. The ABGB provides the basic regime for legal persons and the civil law partnership. In addition, general principles are regularly referred to in a commercial setting. However, the greatest source of legislative change in these areas of law, and one which is having similar effects in all Member States, is the EC’s legislative activity in respect of freedom of capital and undertakings and the harmonisation of company law.
