Allgemeines Deutsches Handelsgesetzbuch

§§ 497 bis 545 ALR affected factors and dispatchers (Faktoren und Disponenten) whereby procuration (Prokura), a special power of attorney, could be found in §§ 498 et seq.

In March 1849 finally the „Entwurf eines allgemeinen Handelsgesetzbuches für Deutschland“ (Draft of a general commercial code for Germany)[4] 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.

On a proposal from the Kingdom of Bavaria the Federal Convention (Bundesversammlung also Bundestag) of the German Confederation establish a commission, that should elaborate a commercial code.

[5] The Prussian deputy for the Federal Convention Otto von Bismarck thereby voted not against the application against, what contravene with the instruction form the Prussian Prime Minister Otto Theodor von Manteuffel[6] 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.

[9] 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.

On 31 May 1861 this "Nuremberg Draft" („Nürnberger Entwurf“)[11] of an Allgemeines Deutsches Handelsgesetzbuch (ADHGB) was recommended to be introduced in the individual states by the General Assembly of the German Confederation.

Some federal states, like the Free City of Hamburg, even declared ADHGB applicable for legal transactions (Rechtsgeschäfte) without merchant participation.

The ADHGB was introduced as Allgemeines Handelsgesetzbuch (AHGB) (english General Commercial Code) in the Empire of Austria on 1863(österreichisches Reichsgesetzblatt 1/1863).

[16] Large parts however were replaced by the Personen- und Gesellschaftsrecht (PGR, English Personal and Corporation Law) on 19 February 1926.

The ADHGB has still practical significance for the sectors procurators (Prokuristen), authorized representative (Handlungsbevollmächtigte), commercial brokers (Handelsmäkler) and trading activities (Handelsgeschäfte).

Announcement for the North German Confederation (1869)