"Knowledge is power."
Francis Bacon
The articles in the newsroom arise from my daily legal practice in contract law and in litigation. They address recent court decisions, legal developments, and contentious issues—and highlight the lessons they offer for contract drafting and litigation strategy.
The articles offer a compact overview and are intended to provide clients with guidance on how legal issues in contract law and in the enforcement of claims in court can be resolved in practice. They are no substitute for individual legal advice.
LATEST ARTICLES
The hurdles to an individual contract are high: when is a provision “negotiated” and therefore not subject to the restrictions of GTC law?
LEGAL+ NEWS The hurdles to an individual contract are high:
Overview: Law on general terms and conditions (GTC)
General terms and conditions (GTC) affect everyone: whether commercial enterprises, which try to make their respective GTC the basis of the business relationship in their business dealings with each other, or private individuals, who are confronted with GTC in every situation in life – for example when boarding public transport, shopping on eBay or amazon or even when entering a department store. The importance of general terms and conditions is therefore immense.
Landmark ruling by the BGH on the law of company acquisitions (judgment of September 26, 2018, case no. VIII ZR 187/17, reasons for judgment pending):
The purchase of shares is a legal purchase to which the rules on liability for material defects generally do not apply. An exception only applies if the object of purchase is the entire company or, in the case of the purchase of shares, (almost) all shares. Contrary to a long-standing misconception in legal literature and the courts of lower instances, it is not sufficient if the purchaser holds all or almost all of the shares in a company as a result of the transaction.
BGH NEWS
Find out about the latest case law of the Federal Court of Justice here
CONTACT
+49 (40) 57199 74 80
+49 (170) 1203 74 0
Bleichenbrücke 11 D-20354 Hamburg
kontakt@legal-plus.eu
Benefit from my active network!
I look forward to our networking.
This post is also available in: DE