Geschäftsbesorger

A Geschäftsbesorger is a term used in German law and business to describe a person or entity that carries out business transactions on behalf of another party. This role is distinct from an employee, as the Geschäftsbesorger typically operates independently and is compensated for their services, often through a commission or fee. They can act in various capacities, such as a sales agent, a property manager, or a service provider executing tasks for a client.

The legal framework governing a Geschäftsbesorger relationship is primarily found in the German Civil Code (Bürgerliches Gesetzbuch or BGB). Key aspects include the agreement between the parties, which defines the scope of the agency, the obligations of the Geschäftsbesorger, and the remuneration. Unlike an employment contract, the Geschäftsbesorger is generally not subject to the direct instructions and control of the principal regarding the manner in which the tasks are performed. They are expected to exercise their own judgment and expertise.

Common examples of Geschäftsbesorger include independent sales representatives who market and sell products for various companies, or real estate agents who manage property rentals and sales. The underlying principle is that the Geschäftsbesorger acts in the interest of the principal, but with a degree of autonomy. This arrangement allows businesses to leverage external expertise or expand their reach without the overhead of direct employment. The precise legal nature and implications can vary depending on the specific contract and the type of business being conducted.