19 Pages on the Tag „Contract Law“
Does your provider have to offer a short-term phone contract?
state: 18.6.2026, reading time approx. 2 min
German telecom providers don’t have to mention a 12-month contract option in their promotional letters. It’s enough if such a tariff exists somewhere in their product range. The Federal Court of Justice clarified this in May 2026.
Paid off your loan in Germany – can you still cancel it?
state: 18.6.2026, reading time approx. 2 min
In Germany, consumers have a right to withdraw from loan agreements – but only while the contract is still active. Once you’ve made your last payment, that right is gone. The Federal Court of Justice confirmed this in May 2026, following a 2023 EU ruling.
Scooter wobbles dangerously the day after purchase – who's liable?
state: 18.6.2026, reading time approx. 2 min
A used scooter started dangerously oscillating at motorway speed the day after purchase, causing an accident. Germany’s Federal Court ruled: showing a suspicious symptom within six months is enough – the seller must prove it wasn’t a defect.
Diesel scandal: Do you need to know the technical details to sue BMW?
state: 6.6.2026, reading time approx. 2 min
Germany’s Federal Court of Justice (BGH) ruled that a used-car buyer does not need to describe the technical details of a so-called thermowindow to pursue a damages claim against BMW. A general description of how the emissions system shuts down outside certain temperatures is sufficient.
Finance Leasing in Germany – Risks, Early Termination and Pitfalls
state: 19.2.2026, reading time approx. 2 min
In a German finance lease, the lessor provides an asset in return for instalments but remains owner, while the lessee bears the economic risk. Early termination is expensive. Depending on the model (mileage or residual value leasing), the lessee may carry additional market risk. Tax treatment and insurance require careful contract drafting.
Contract Law in Germany: Advice for Expats & International Businesses
state: 19.2.2026, reading time approx. 3 min
German contract law works differently from common law systems. I advise expats and international businesses in Berlin on contracts, NDAs, and dispute resolution – in English.
Contract Performance – When the Other Side Does Not Hold Up Their End
state: 19.2.2026, reading time approx. 2 min
Late delivery, defective performance, non-payment – what to do when a contract is not running as agreed. Covers formal notices, deadlines, price reduction, withholding rights, and damages.
Contract Review: Spotting Liability Traps, Clauses and Pitfalls
state: 19.2.2026, reading time approx. 2 min
A contract can be valid and still be bad for you. I review liability clauses, jurisdiction clauses, notice periods, and – just as importantly – what the contract does not address. And I negotiate amendments with the other side.
Enforcing a Claim: Debt Collection, Court Orders and Enforcement
state: 19.2.2026, reading time approx. 2 min
Enforcing a claim in Germany usually works in stages: first out of court, then via the courts if necessary. How does a Mahnbescheid (payment order) work? What should debtors do when court documents arrive? And is debt collection worth it?
Commercial Leases and Tenancy in Germany – Index Clauses, Operating Obligations, Competition Protection
state: 19.2.2026, reading time approx. 2 min
German commercial tenancy law allows broad freedom of contract – but what is not agreed is often filled by statute in unexpected ways. Index clauses, operating obligations, and missing competition protection clauses are common traps. Business leases also carry specific liability risks on takeover.
Getting Out of a Contract – Withdrawal, Termination, Challenge, Cancellation: the Differences
state: 19.2.2026, reading time approx. 4 min
Wanting to end a contract means navigating similar-sounding terms that are legally very different: challenge (Anfechtung), withdrawal (Widerruf), rescission (Rücktritt), termination (Kündigung). This page explains the differences, shows wording that always works, and covers how to document receipt.
Loan Agreement in Germany: Key Points for Lenders
state: 19.2.2026, reading time approx. 3 min
A German loan agreement governs the transfer of money or fungible goods. For shareholder loans and consumer credit agreements, arm’s-length terms and formal requirements are critical to avoid tax disadvantages or limitation risks.
Sale of Goods – Delivery, Defects and What Can Go Wrong
state: 19.2.2026, reading time approx. 3 min
Under German law, the seller must deliver goods free of defects; the buyer must pay the price. In practice, either the goods or the money fail to arrive. Defects trigger a right to subsequent performance before any other remedy becomes available. Retention of title clauses protect against insolvency risk.
Service Contracts in Germany – Termination, Freelancers and Bogus Self-Employment
state: 19.2.2026, reading time approx. 2 min
Under a German service contract, activity is owed – not a result. Unlike a work contract, there is no right to a successful outcome, and payment is due even if you are unhappy with what was delivered, provided the service was rendered. Bogus self-employment (Scheinselbständigkeit) creates significant back-payment risks for companies hiring freelancers.
Work Contracts in Germany – Acceptance, Defects, What Clients Need to Know
state: 19.2.2026, reading time approx. 2 min
Under a German work contract (Werkvertrag), the contractor owes a defect-free result, not just best efforts. A precise scope of work and a written acceptance with a defect record are decisive: they trigger warranty periods and determine who carries the burden of proof.
Written Form, Text Form, Electronic Signatures – What Applies When
state: 19.2.2026, reading time approx. 3 min
Most contracts under German law require no particular form. But proof in a dispute is difficult without writing. Only a qualified electronic signature (QES) satisfies the written form requirement – most signature services provide only an advanced signature, which is legally insufficient for formal contracts.
Contract Drafting
state: 20.2.2026, reading time approx. 2 min
Contract templates that are not regularly reviewed and updated by a lawyer carry significant risk. Void clauses or defective incorporation of standard terms lead to unfavourable statutory defaults in a dispute – often with real financial consequences.
NDAs (Non-Disclosure Agreements) in Germany
state: 20.2.2026, reading time approx. 3 min
A Non-Disclosure Agreement (NDA) protects confidential information shared between parties. It defines what may be passed on and what must remain secret, and can include contractual penalties to demonstrate seriousness. German NDA law differs from US and UK practice in several important respects.
Drafting General Terms and Conditions (GTC)
state: 4.3.2026, reading time approx. 2 min
Many businesses write their own General Terms and Conditions or copy them from templates. The result is often unclear or legally unenforceable language. Professional GTC must fit your business model, reflect current law, and hold up in a dispute.