Illu Ehrbarer Kaufmann

Honourable Merchant

The legislator has tasked the chambers of industry and commerce to uphold the standards of decency and morality of the "honourable merchant" (§ 1 Abs. 1 IHKG). This seemingly antiquated term still holds significant relevance for German businesses. The principles of the "honourable merchant" have evolved into modern interpretations. The DIHK has taken on the mission of bringing them to life.

The legislator has tasked the chambers of industry and commerce to uphold the standards of decency and morality of the "honourable merchant" (§ 1 Abs. 1 IHKG). This seemingly antiquated term still holds significant relevance for German businesses. The principles of the "honourable merchant" have evolved into modern interpretations. The DIHK has taken on the mission of bringing them to life.

This "honourable merchant" was, for centuries, the sole guarantee of organized trade as opposed to "plundering" – particularly in the international realm. Nowadays, the concept of the "honourable merchant" has largely faded from memory.

The instruments provided by the IHK Act for chambers of industry and commerce to fulfill their mandate are hardly effective. Specifically, outside of the liberal professions, there are no reprimand mechanisms available to chambers, nor are there professional or honour courts. The term "honourable merchant" is increasingly being replaced by soft-law Anglicisms such as "compliance," "good governance," "fair play," and "corporate social responsibility (CSR)."

Challenge:

The "honourable merchant" has always been a guiding principle for organized entrepreneurship, as evidenced, for example, in Hamburg by the close connection between the Chamber of Commerce and the "Assembly of Honourable Merchants." In contrast, media portrayals of entrepreneurs have recently leaned towards a negative image. While the necessity of a shift in awareness is recognized, clear concepts are lacking – as evidenced by the use of the aforementioned English terms with vague implications. The challenge lies in strengthening the legal awareness and responsibility derived from the societal position of entrepreneurs within the business community. The "honourable merchant" serves as both a demand and a goal.

Position of the DIHK:

The "honourable merchant" is a concept that should not be relegated to ineffective laws or vague Sunday speeches. Efforts must be made to revitalize the "honourable merchant." The DIHK actively fights against unfair competition and product and brand piracy, advocates for the prevention and combatting of corruption, and supports commercial mediation and arbitration. DIHK fundamentally backs all initiatives aimed at promoting the "honourable merchant."

However, activities where the "honourable merchant" or "corporate social responsibility (CSR)" merely serve as a facade for private profit motives should be viewed critically. Similarly, legislative attempts to mandate behavioural guidelines through which entrepreneurs distinguish themselves in competition via voluntary social engagement, environmental efforts, or similar activities should be critically assessed. The legislator should prevent actions that contradict the image of the "honourable merchant" through norms and their strict application. However, it should not dictate what positively characterizes an "honourable merchant". This should remain voluntary.