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When a declaration of intent is interpreted, it is necessary to ascertain the true intention rather than adhering to the literal meaning of the declaration.

§ 133 German Civil Code (BGB), issued 18.08.1896

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An obligor has a duty to perform according to the requirements of good faith, taking customary practice into consideration.

§ 242 German Civil Code (BGB), issued 18.08.1896

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Among merchants, the meaning and effect of acts and omissions shall be considered in the light of the customs and practices applicable in commercial transactions.

§ 346 German Civil Code (HGB), issued 10.05.1897

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A limited liability company as such has independent rights and obligations; it may acquire ownership of and other rights in real property and may sue and be sued in court.

§ 13 Para 1 German Act on Limited Liability Companies (GmbHG), issued 20.04.1892

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All Germans shall have the right freely to choose their occupation or profession, their place of work and their place of training. The practice of an occupation or profession may be regulated by or pursuant to a law.

Art 12 Abs. 1 Basic Law for the Federal Republic of Germany (GG), issued 23.05.1949

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The partners shall be personally and jointly and severally liable to the creditors for the partnership’s obligations. Any agreement to the contrary shall be ineffective vis-à-vis third parties.

§ 128 German Commercial Code (HGB), issued 10.05.1897

Carl Franken

After studying in Cologne and completing my legal traineeship, I have been working as a lawyer in Düsseldorf since 1998, initially in the law firm founded by Dr Eckard Franken in the late 1960s. The main focus of my work lies in the area of commercial and corporate law and other fields of law presented on this page.

Since 2006 I have been entitled to use the title of specialist lawyer for commercial and company law [Fachanwalt für Handels- und Gesellschaftsrecht].

In 2016, after the retirement of the founder Dr Eckard Franken, attorney at law, I founded the law firm “Franken Rechtsanwälte Partnerschaft mbB” together with Eva-Maria Franken, attorney at law.

Eva-Maria Franken

I studied law in Münster and started working as a lawyer in the cities Coesfeld and Wuppertal in 1999. 

Since 2003, I have been working in Düsseldorf.

In 2016, I founded the law firm “Franken Rechtsanwälte Partnerschaft mbB” together with Mr. Carl Franken, attorney at law. The main focus of my work lies in the area of family and inheritance law and other fields of law presented on this page.