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

Courts must generally comply with their so-called duty to provide information (Section 139 ZPO) before the oral hearing! – BGH ruling from 11.4.2018 (case no. VII ZR 177/17)
Unfortunately, it is common practice in civil proceedings for the courts to only issue instructions to the parties during the oral hearing. The BGH dealt with the consequences of this practice in a practice-relevant decision dated 11.4.2018 (case no. VII ZR 177/17).

On the scope of a so-called “pleading discount
When are submissions in the appeal instance “new”?

Casting doubt on the right of competition associations to file applications!
So-called. warning letters (cf. § 8 Para. 3 No. 2 UWG) are causing the economy a lot of trouble. Smaller companies or start-ups in particular often cannot afford to defend themselves.
BGH NEWS
Find out about the latest case law of the Federal Court of Justice here
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