The examination of contracts and contractual clauses for possible nullity, nullity, contestability or incompleteness is of the utmost importance not only before the conclusion of the contract, but undoubtedly also after the conclusion of the contract. It is often only in conflict situations that it becomes clear that formal and instructive regulations have not been respected or have been incorrectly enforced. This should be avoided in advance by prior consideration of planned or submitted contract offers. Certified certification certifies the accuracy of a signature or declaration. If the certification is carried out by a notary, it is called public certification, and if another authority acts, it is called official certification. For example, the public form is required for the following contracts: If you started your own business and have been in business for less than four years, you can use fixed-term contracts for up to four years. In principle, the parties are free to choose the language of the contract. It should be noted, however, that the official language is German before the courts. It is therefore recommended that contracts contain a German version.

It is then necessary to determine which version of the contract prevails in case of doubt. The purpose of contractual sanctions in competition law is to ensure that anti-competitive behaviour ceases. This includes, for . B, the cessation of the use of ineffective general conditions. Even before the conclusion of the purchase contract, this lawyer can ensure that your interests are safeguarded, that there are no unfavorable individual agreements or general conditions and that formal requirements, such as . B the notarized registration of the real estate purchase contract, are respected. Our lawyers at Schlun and Elseven Rechtsanwälte are at your disposal at any time for these services in purchase contract law. You can have an employment contract in Germany that is limited in time. Service for you: Both contracting parties set a time limit for the duration of the employment relationship or the contract is automatically terminated by the occurrence of a certain event without the need to terminate it.

Unless otherwise agreed, invoices must be paid immediately. However, clauses that protect a company from suppliers in financial difficulty must be formulated with great care and always carry a high risk of being declared null and void by the German courts. Courts could argue that the reasons why a party terminates the contract are still not sufficiently precise and still leave room for interpretation. Is your German employment contract waiting for you in your e-mail inbox? Yay, then all you have to do is sign it and you are ready for your career in Germany! In order to ensure that the employment contract is actually for a fixed term, the employment contract must be drawn up in writing. Thus, according to the provisions of the Bgb on general conditions, a clause is ineffective that excludes liability for damages in the event of body injury or death or in case of gross negligence. There are also very strict mandatory regulations regarding the limitation of liability. In the event of a breach of the provisions of the German Civil Code on general terms and conditions, the corresponding contractual clause is void. Every day, our clients face legal challenges and conflicts in contract law in general and in particular. Whether already in contract negotiations, in existing contractual relations or in the termination of contracts. Thanks to our interdisciplinary orientation, we can help our clients with problems of any type of contracts and support them in all legal issues that arise in specific areas of law. We would be happy to present our extensive know-how in detail in a personal conversation.

Almost all employment contracts consist of general terms and conditions of the employer for a large number of employees. The employer has the power and dictates the terms of the employment contract without negotiations between the employer and the employee. As the employee`s bargaining position is the weakest, the law (§ 305 et seq. BGB) aims to protect the employee. This means that not everything in your contract is allowed by law. In general, you are powerless if you are asked to sign an employment contract that contains conditions that are not allowed by law. However, if the terms are not allowed in the contract, they may be invalid. In short, your lawyer will review the contract and identify permissible and inappropriate conditions. The latter do not apply because they are illegal from the outset. In principle, the buyer or customer is only entitled to subsequent performance (§§ 439, 635 BGB).

Only if the seller or entrepreneur has not complied with the subsequent request for performance within the (reasonable) set period of time is the buyer or customer entitled to other rights, such as . B right of withdrawal or claim for damages. In most cases, claims for defects are prescribed two years after delivery of the purchased item or receipt of the work. A legal expert in German contract law can assist you in contractual negotiations and ensure that your interests vis-à-vis the contractual partner are safeguarded. It can pre-formulate corresponding individual agreements and integrate them into the negotiations. The German GTC Act is very strict and severely restricts contractual freedom not only for B2C contracts, but also for B2B contracts. In particular, court decisions have increasingly applied the principles of consumer protection to professional commercial transactions. This agreement is a form of employment contract used to engage a person or company with a specific and defined task for the employer and includes details such as the type of work, the duration of employment, the rate of pay and any confidential obligations that may exist. This agreement can also be adapted for contractors, consultants or freelancers.

An important feature of German civil law that distinguishes it from the common law system is the codification of the fundamental rules of Roman law. These codes are formulated to cover all relationships in the field of law to which they apply. The provisions of a code are references to a variety of practical legal issues that arise in this area over time. The concept of codification was developed to form a basis on which the laws of a particular area can be found in one category – the Code – rather than making many court decisions. In addition to its general part, the German Civil Code contains four other articles; the law of obligations, the right of property, the law of the family or family relations and the law of succession.1 All commercial law falls under the law of obligations governed by the Code. .