(1) Where the acquirer of the commercial business is liable for prior liabilities of the business by virtue of continuing the business name or by virtue of the public announcement referred to in section 25 (3), the former business owner will be liable for such liabilities only if they are due before five years have elapsed and claims against the former business owner resulting therefrom have been determined in a manner specified in section 197 (1) nos. 3 to 5 of the Civil Code, or if an act of execution by a court or authority is performed or applied for; in the case of liabilities governed by public law, the issuance of an administrative act suffices. In the case governed by section 25 (1), the time limit begins to run at midnight of the day on which the new holder of the business name is entered in the Commercial Register of the court of the main office, and in the case governed by section 25 (3), it begins to run at midnight of the day on which the assumption of the liabilities is made public. The provisions of sections 204, 206, 210, 211 and 212 (2) and (3) of the Civil Code applying to prescription apply accordingly.
(2) Insofar as the former business owner has recognised the claim in writing, a determination in a manner specified in section 197 (1) nos. 3 to 5 of the Civil Code will not be necessary.