(1) Whoever carries on a commercial business acquired inter vivos under the previous business name, with or without an addition indicating successorship, is liable for all obligations of the former owner incurred in the operation of the business. Where the former owner or their heirs have consented to continuation of the business name, claims arising out of the operation of the business are deemed, with regard to debtors, to have devolved to the acquirer.
(2) A divergent agreement will be effective in relation to third parties only if it has been entered in the Commercial Register and notice of it has been given by publication, or if the third party has been notified thereof by the acquirer or the party alienating the business.
(3) Where the business name is not continued, the acquirer of a commercial business will be liable for the prior liabilities of the business only if a specific ground for liability exists, in particular if notice of the assumption of the obligations has been made given by publication by the acquirer in a manner such as is customary in the trade.