Das Recht am Gewerbebetrieb

For more than 100 years, legal decisions in accordance with section 823 I of the German Civil Code have protected the so-called right to an established and operating business enterprise. However, for more than 40 years legal decisions have also continuously been confirming that this right is a legal element which only intervenes to fill a gap or fulfil a subsidiary function. In a detailed section dealing with legal history, Rolf Sack begins by showing that the history of the right to a business enterprise is by no means as straight and logical as it is usually deemed to be. In the section of the book which deals with dogmatics, he proves that the blanket clauses in unfair competition law and tort law provide basically the same protection of business enterprises as section 823 I of the German Civil Code if they are interpreted in accordance with their purpose of filling a gap.