Decision prohibiting to undertake an economic activity in the German legal system as a specific economic police instrument Cover Image

Decyzja zakazująca podjęcia lub wykonywania działalności gospodarczej jako szczególny środek policji gospodarczej w prawie niemieckim
Decision prohibiting to undertake an economic activity in the German legal system as a specific economic police instrument

Author(s): Małgorzata W. Greßler
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Philosophy of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: economic activity; prohibition of an economic activity; economic unreliability; economic police

Summary/Abstract: The prohibition of an economic activity is one of the preventive measures of the German legal system. It is issued in order to protect the security of business transactions or other important interests of society. Mentioned promulgation is conditioned by cumulative fulfillment of the following reasons: 1.the existence of objective and verifiable circumstances that imply unreliability (in economic terms) of the entrepreneur or a person empowered by him to carry on his bill in this economic activity, and 2. the need to issue such a ban in order to protect the public interest. The scope of the term economic unreliability includes all the circumstances related to this entrepreneurial activity, which do not allow to conclude the proper participation in the legal and trade processes.

  • Issue Year: 2016
  • Issue No: 15 (3)
  • Page Range: 117-134
  • Page Count: 18
  • Language: Polish