Entries by Daniel Meier-Greve

The preliminary contract

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In the business world, decisions have to be made all the time. Many such decisions consist of having decided on a specific partner for a project, with whom a corresponding contract must then be concluded. The frequent problem is that there is a lack of time or simply a lack of certain clarifications of a factual and/or legal nature to be able to conclude the contract “ad hoc”. This is where the preliminary agreement comes into play, which allows the parties to enter into a binding agreement immediately, even though there are still open points that need to be clarified.

Degree of completion of the work

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The standards relating to the right to refuse acceptance (Section 640 (1) sentence 2 BGB, Section 12 (3) VOB/B) state that acceptance of the work may not be refused due to insignificant defects. There is no statement on the required degree of completion of the work as a prerequisite for acceptance.

However, the question of what degree of completion the work must have reached in order to be considered ready for acceptance is very important, particularly in the case of plant construction, which is usually very complex.

Major deficiency in plant engineering

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Answering the question of whether there is a significant defect is very difficult, especially in often very complex plant construction. The absence of major defects is the decisive prerequisite for acceptance. The latter has considerable legal and practical significance: the start of the warranty periods is regularly linked to this. In addition, the due date of a considerable part of the agreed remuneration generally depends on acceptance.

Influencer advertising: The legal confusion set in motion by the Association of Social Competition (VSW) continues.

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In the case of Kathy Hummels, the Munich Regional Court (judgment of 29.4.2019, Ref. 4 HK O 14312/18)) considers unpaid posts with product mentions to be obviously advertising and therefore not subject to labeling. This continues the legal confusion set in motion by the Association of Social Competition (VSW).

The regulatory duty of supervision

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The actions of the management board of an AG or the management of a GmbH are also the focus of regulatory law. The legal framework for the actions of managing directors is also subject to fines under regulatory law. Particular mention should be made of the duty of supervision under regulatory law, Sections 30, 130 […]