The lynchpin in almost every extrajudicial and later judicial dispute is the contract concluded between the parties. In this context, it becomes apparent time and again that each party is well advised to carefully examine its contracts according to its interests and to pay the necessary attention to the drafting of the contract. It is true that in German law oral contracts are also valid in principle, with a few exceptions, and it is still not uncommon to conclude contracts orally, especially between traders. As a rule, it is the party who cannot prove the important points of a contract in the event of a dispute who loses out. The German court system is largely based on the written form of evidence. At the same time, it is important that the contract concluded actually reflects the reality of the contract as lived by the parties in order to fulfil its evidentiary function in the event of subsequent disputes, which can never be completely ruled out. A frequently underestimated hurdle in the drafting of effective contractual clauses is the German law on general terms and conditions (AGB), which the local courts use to overturn unwelcome clauses and sometimes cause surprises after the parties had generally agreed on the validity of these clauses when the contract was concluded.
We assist in advising and drafting as well as evaluating contracts of all kinds, in particular in the field of transport and forwarding law, insurance law, distribution law between sales intermediaries and their headmaster, in the field of international business law, labour law and commercial tenancy law.