Practical Insights
Practical insights for the moments when contracts meet reality.
Contracts often reveal their true character only when a conflict arises. What may look balanced on paper can shift significantly under pressure, often to the disadvantage of the party that overlooked or misjudged a legal or commercial risk.
The articles on this page are based on my daily work in contract design and litigation. A particular focus is on mechanical and plant engineering. In this sector, legal risks often become especially visible: in complex project chains, cross-border contractual relationships and disputes with substantial economic consequences.
The articles address questions that arise again and again in practice: Where are the legal breaking points of a contract? When do they become dangerous in the course of a project? And what can be done before commercial tension turns into litigation?
Each article combines legal substance with the perspective of a lawyer who does not only draft and review contracts, but also conducts the disputes that arise from them.
These articles cannot replace individual legal advice. They do, however, show what matters in practice and where contracts, projects and conflicts should be examined more closely.
LATEST ARTICLES

Enforcement order legally binding – What else can help?
LEGAL+ NEWS Enforcement order legally binding – What else can

BGH eliminates widespread misunderstanding of its case law on the application of warranty law for material defects when purchasing shares (judgment of 26.09.2018, case no. VIII ZR 187/17)
BGH eliminates widespread misunderstanding of its case law on the application of warranty law for material defects when purchasing shares! A comprehensive exclusion of statutory warranty claims in the share purchase agreement does not fundamentally preclude the application of Section 313 BGB (frustration of contract)!

What do so-called media agencies do? – An analysis of the usual contractual relationships in the media business.
“By their legal nature, media agency agreements are generally to be qualified as agency agreements in which one party (media agency) undertakes to carry out an independent economic activity to safeguard the financial interests of third parties (in particular media planning and buying) and the other party (advertising client) undertakes to pay a fee.” (BGH ruling from 16.6.2016, ref. III ZR 282/14)
BGH NEWS
Find out about the latest case law of the Federal Court of Justice here
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