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

Hand client signing contract paper a real estate or mortgage contract.
Commercial law

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.

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Classical columns close up architecture
Commercial law

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.

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BGH NEWS

Find out about the latest case law of the Federal Court of Justice here

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