Agency Law

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Distribution Law

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Construction Law

Distribution Law

Inheritance Law

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Company Law

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Nederlands-Duitse zaken

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Our Principles

Competent consultancy, successful negotiation, creativity and our ability to get results permit rapid implementation of the rights of our clients.

We are well aware that satisfied clients are the best advertising for a lawyer, so the prime focus of our activities is on successful handling of our assignments. We have the necessary expertise thanks to our many years of practice, with a tradition that has grown up with the generations.

The partnership was established by Dr. Hans Harten in 1924 and continued by Dr. Dirk Harten, followed by Dr. Dirk J. Harten in the 3rd generation of the family business.

It focuses on national and international commercial law, with a specialist in-depth expertise in distribution and marketing law (the law of commercial agencies and authorised dealerships), company law (including the law of succession in businesses), labour law, and civil engineering/construction law. We provide advice and counselling to small, medium-sized and large enterprises. Our problem-oriented out-of-court counselling and training helps these companies to avoid disputes in court, and where such litigation cannot be avoided we have a good track record of successful litigation.

Our range of services includes:

  • Collection of receivables and receivables management
  • Company related counselling and training
  • Contract drafting
  • Contract negotiations
  • In-court enforcement of receivables and conduct of litigation
  • Out-of-court settlement of receivables
  • Pre-litigation counselling on specific problems and cases

Areas of legal specialisation

National and international commercial law, in particular Agency law

Focus of activities of Dr. Dirk Harten and Dr. Dirk J. Harten.

  • Action by stages
  • Advance on commission
  • Agency for competitors
  • Auditing
  • Authorised dealership contracts
  • Authorised dealership indemnity rights
  • Bankruptcy
  • Brokerage, contracts of brokerage
  • Claims for refraint (cease & desist orders)
  • Claims to damages
  • Clientele protection
  • Commercial agency contracts
  • Commercial brokers
  • Commercial leasing and rent law
  • Commission
  • Commission payment obligation
  • Commission sharing
  • Company closure
  • Company splitting
  • Competitor companies
  • Conclusion of contract
  • Consumer protection, product safety and product liability law
  • Contracts for delivery
  • Contractual duties of principals
  • Contractual obligations of commercial agents
  • Delivery difficulties
  • Discontinuation of operations
  • Distribution companies
  • Distribution contracts
  • Dual agency
  • Enforcement
  • Enforcement of judgements
  • Export and import
  • Export and import contracts
  • Extracts from books
  • Foreign claims
  • Franchising
  • General agency
  • General conditions of business
  • Globalisation
  • Inspection of books
  • International private law
  • International responsibility
  • Introductory payments
  • Invalidity of contract clauses
  • Minimum turnover
  • Non-competition rules
  • Non-execution of transactions
  • Non-payment of commission
  • Notice of termination
  • Penalty/liquidated damages
  • Plant contracts, plant export
  • Positive violation of contractual duty
  • Price discounts
  • Reduction of commission
  • Repayment claims
  • Reporting
  • Responsibilities
  • Returns
  • Right of retention
  • Rights of instruction of companies represented
  • Sample collections
  • Securities, bills of exchange and cheques
  • Settlement of commission
  • Sole distribution rights
  • Sole representation
  • Statements of commission due
  • Sub-agents
  • Suspensive effects on termination of contractual relationships
  • Tender procedures
  • Termination of contractual relations
  • Termination without notice
  • Territory reduction
  • Territory representation
  • Transfer of business
  • Transport law
  • UN International Law of the Sale of Goods
  • Unfair competition

Real estate and construction law

Focus of activities of Dr. Dirk J. Harten.

  • ARGE (joint ventures & consortia)
  • Commercial rent contracts
  • Construction law and construction management law
  • Contracts for work and services
  • Disputes with workmen
  • Guarantee, liability
  • Law relating to architects
  • Mortgages, land charges
  • Property leasing
  • Purchase, sale and encumbrance of properties
  • Rent and leasehold contracts
  • Sub-contractors
  • VOB (contracting rules for award of public works contracts)

Labour law

Focus of activity of Harald Schwamborn.

  • Advice on company restructuring, relocation, winding up of companies, sale of companies
  • Co-determination, rights of Works Councils
  • Collective bargaining agreements
  • Company pension provisions
  • Conduct of action to prevent unlawful dismissal
  • Continued payment of wages during illness
  • Contracts for services
  • Development of social plans, balancing of interests
  • Dismissal
  • Drafting of employment contracts
  • Early retirement
  • Employee codetermination
  • Employee inventions
  • Holidays/vacation
  • Individual and collective labour law
  • Industrial health & safety
  • Interest adjustment
  • Labour law relating to management executives
  • Labour/management relations law
  • Law relating to Managing Directors of GmbH companies
  • Outsourcing of operating facilities
  • Pensions
  • Recruitment
  • Sub-contractor contracts
  • Suspension from duties
  • Termination of Employment Act
  • Training and further education of staff

General Civil Law

Main focus of Dr. Dirk J. Harten.

  • Contract for work and services
  • Contract of sale
  • Damages
  • Enforcement of judgements
  • General conditions of business
  • Gifts
  • Lien
  • Loan
  • Mortgage and land charges
  • Product liability
  • Rent and lease contracts
  • Sale by court order
  • Surety
  • Usufruit
  • Warranty, Liability

Probate (law of succession)

Focus of activity of Dr. Dirk Harten.

  • Anticipated succession
  • Appointment of heirs, legacies, conditions
  • Certificate of inheritance procedure
  • Compulsory portion of estate / statutory forced share
  • Contesting of wills
  • Contract of succession
  • Establishment and administration of foundations
  • Execution of wills and administration of estates
  • Hereditary building rights
  • Inheritance rights
  • Inventory of estate
  • Succession in business ownership
  • Wills

Family law

Focus of activity of Harald Schwamborn.

  • Agreement on matrimonial property regime
  • Custody of children
  • Divorce
  • Exclusion of pension rights adjustment
  • Family-owned companies
  • Gifts between spouses
  • Gifts within the family
  • Household effects/furniture, matrimonial home
  • Law of parent/child relationships
  • Maintenance agreements
  • Maintenance/Alimony
  • Marriage contracts
  • Pension rights adjustment
  • Separation of goods
  • Statutory matrimonial property regime

Company law

Focus of activities of Dr. Dirk Harten.

  • Action for provision of information
  • Action for rescission
  • Advisory Board
  • Amalgamation
  • Annual General Meetings
  • Articles of association and company bye-laws
  • Articles of Association/Incorporation
  • Capital stock increase/reduction
  • Company take-overs
  • Consultation on mergers & acquisitions
  • Convening and conduct of meetings of shareholders
  • Corporate succession
  • Counselling of companies in common ownership, companies constituted under civil law (with or without limited liability), general partnerships (OHG), limited partnerships (KG), public limited companies (AG), private limited companies (GmbH), GmbH & Co. KG, Groups
  • Disputes between shareholders
  • Establishment of companies
  • Expulsion/suspension of shareholders
  • Family businesses
  • Financial consultation
  • Inter-company agreements, in particular control and profit transfer agreements
  • Joint Venture and Consortium agreements
  • Liability within company groups
  • Mergers
  • Redemption of shares
  • Representation of interest at Annual General Meetings, Supervisory Board meetings and Advisory Board meetings
  • Sale and purchase of company shares, of company facilities and parts of companies
  • Separation of companies
  • Transformation, amalgamation, separation
  • Trust/Fiduciary transactions

Industrial property law

Focus of activities of Dr. Dirk Harten.

  • Advertising
  • Brands
  • Copyright law
  • Design patents
  • Intellectual property
  • Licence and know-how agreements
  • Registered designs
  • Unfair competition