The Civil Code (BGB) was amended on 1 January 2018. In accordance with Article 229 tec, the new rules apply only to obligations or contracts concluded after 1 January 2018. The amendments contain new rules concerning contracts for the sale of products, but in particular construction contracts. In principle, the parties are free to agree on a right of termination or a right of withdrawal due to force majeure or other legal consequences. The clause or agreement should take into account the definition of force majeure in order to avoid uncertainty. But even if complications have already appeared with your sales contract, for example. B because the agreed item has not been delivered, supplied or is defective, our contract lawyers can help you with their comprehensive expertise. We review the most appropriate legal measures for your situation and engage them to enforce your warranty rights. Written form: Under this requirement, certain declarations, contracts or documents must be recorded in writing and cross-signed by the issuer and the contractor with their full signature. For these legal transactions, it is provided, among other things, by law: in this way, you can avoid the risk of a possible inefficiency of your legal activity. We already give you a brief overview of the types of contracts that may be subject to which formal requirements. In the absence of an agreement and even if it cannot be determined by interpretation of the contract, the legal consequences of the contract are governed by the provisions of impossibility (§275, 326 BGB) and termination of the commercial basis (§ 313 BGB). It is possible, for example, that the performance obligation is completely abolished due to impossibility or that the parties have the right of withdrawal.
In addition, several years after the conclusion of the contract, ineffective GTC clauses can lead to the termination of contracts, for example.B. because the required information regarding withdrawal did not meet the legal requirements. . . .