The coronavirus is forcing countries around the world to take drastic measures to counter the spread of the virus. This is having a serious impact on contract law. Many of these measures mean that contracts can no longer be fulfilled by at least one party. The cases affected are countless.
The Bundestag passes a massive restriction on contractual freedom. The Federal Ministry of Justice has thus prevailed with its plan to limit the terms of consumer contracts to a maximum of one year.
In mid-August 2019, it became public that the law on limiting contract terms (“Cost Trap Act”) was at an advanced stage.
The limitation period under transport law in accordance with Section 439 HGB is only one year from delivery, which is significantly shorter than the 3-year standard limitation period in Section 195 BGB.
The remuneration for “additional services” in lump-sum price contracts in the event of supplementary offers from the contractor is complex. In principle, the additional remuneration demanded as a result of the supplement must be derived from the (plant) construction contract concluded between the parties.
If a dispute arises with a foreign business partner, e.g. regarding alleged claims arising from a contract, it is advisable from the point of view of the German contracting party to think about possible procedural scenarios at an early stage in case an agreement fails. If, contrary to the agreements made, it is to be expected that the foreign partner intends to file a lawsuit in the home country, you should immediately consider filing a preventive so-called negative declaratory action at the agreed German place of jurisdiction.
In (plant) construction projects, disputes under construction contract law about the remuneration ultimately owed to the contractor carrying out the work are not uncommon. Is there a lump sum contract or not? The distinction between a global lump-sum contract and a detailed lump-sum contract can regularly cause major difficulties.
A situation that nobody wants to find themselves in: A letter arrives in the post from the local district court with a complaint from abroad.
E-mail is a practical way of sending (contractual) declarations and/or documents to a business partner.
In its ruling of March 20, 2019, the Federal Court of Justice (BGH) provided practical clarification on the understanding of “use assumed under the contract”.