Agreement German Law

It should be noted whether the various contracts already offer opportunities to terminate the contract, for example. B by a contractual right of withdrawal, or if only legal possibilities are considered. Particularly in long-term contractual relationships, it may be advantageous to enter into a termination or dissolution agreement and, where possible, to accept a simple termination of an existing contract. In the absence of agreement and if this cannot be determined by the interpretation of the contract, the legal consequences for the contract are governed by the provisions of impossibility (s. 275, 326 BGB) and the termination of the commercial base (Art. 313 BGB). For example, the obligation to benefit may be completely strangled because of the impossibility or the parties may have a right of withdrawal. Yes, yes. This is in principle possible, unless the law imposes some form, for example. B for a real estate purchase contract (s. 311 b BGB).

Unless another payment contract has not been entered into, invoices must be paid without delay. The BGB was amended on January 1, 2018. In accordance with Article 229 of the CESD, the new rules apply only to obligations or contracts concluded after 1 January 2018. The amendments include new rules for product sales contracts, but particularly for construction contracts. There were certain requirements for “electronic trade agreements” for the provision of goods or the provision of telemedicine services for the conclusion of a contract. The client must have the technical means. B to correct input errors before ordering. In addition, the company must inform the customer of the available languages and the receipt of the order by the company. In addition, many other amendments have been made to the Labour and Services Act, including a new or different definition of receipt (if not the refusal of at least one defect (Article 640, paragraph 2, of the BGB), a right to a common performance assessment (Article 648 bis IV of the BGB) and a unilateral right of the client to order and modify the works contracts (s. 650b and 650c BGB). If the agreements between the parties are pre-formed contractual terms for several contracts and one party imposes on the other when entering into a contract (general terms and conditions), BGB`s general terms of sale apply. Section 271 (a) BGB must be complied with when the terms of payment for individual contracts are agreed.

Therefore, an agreement by which the creditor can only demand compensation after 60 days after receiving the creditor`s benefit is valid only if it has been the subject of an explicit agreement and is not grossly unfair to the creditor`s interests.

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