German Contract Law: Legal Advice
In the context of contract law, the range of legal challenges that can arise is extensive. Complications can arise from the start during initial contract negotiations, and the inclusion of general terms and conditions can prevent a contract’s successful conclusion. Additionally, there are numerous possibilities of conflict in the fulfilment of agreed contractual obligations and the assertion of rights and obligations and the termination of contracts. Particularly when complex contractual structures are involved, such as in the area of the sales contract and work contract law, it is recommended that you engage a qualified lawyer to protect your rights.
Our lawyers for contract law will take care of the examination and drafting of your contracts. The general terms and conditions, the observance of formal requirements and special features of contracts concluded on the Internet. Furthermore, we assist you in the judicial and extrajudicial assertion and enforcement of contractual claims and rights and the defence against other contracting parties’ unjustified claims.
German Contract Law for Business and Private Clients
Due to the interdisciplinary orientation at Schlun und Elseven, we are able to comprehensively advise our clients on special contractual problems in a variety of legal fields, including sales law, labour law, corporate law, commercial law, employment law as well as banking and capital market law. We advise both business and private clients in contract law issues.
German Contract Law: From Conclusion to Termination of the Contract
General contract law forms the basic framework for all types of contracts from special areas of law. It is the basic tool of every lawyer. Irrespective of the classification of the legal facts you describe under a special field of law or a certain type of contract, our legal experts in the various specialist areas can therefore help you at any time in questions of general contract law.
As an important focus of our extrajudicial activities, we offer you our legal support in the drafting of contracts and general terms and conditions. As a partner in contract negotiations, we ensure that decisive formulations are carried out precisely and in a way that will stand up in court, that formal requirements are adhered to and that the contract corresponds to your interests.
We comprehensively review contractual clauses, model contracts as well as general terms and conditions of business in order to prevent any disputes before the conclusion of the contract. Even after the conclusion of the contract, we take care of the assertion of your rights and claims from any contracts in and out of court or bring about the effective termination of a contract by revocation, withdrawal, termination or cancellation agreement.
Contract Preparation and Review in Germany
Frequently, clear and precise formulations are necessary to secure one’s own interests for the future contractual relationship. It is therefore in many cases not advisable to resort to sample contracts from the Internet. Especially not if the intended contractual relationship is to regulate a personal, complex matter.
A legal expert for German contract law can support you in the contract negotiations and ensure that your interests are protected in relation to the contractual partner. He can pre-formulate appropriate individual agreements and bring them into the negotiations.
Our contract law attorneys at Schlun and Elseven have many years of experience in drafting, revising and optimizing contracts and are therefore happy to offer you the necessary support in your contract negotiations. In addition, when concluding and drafting contracts, we ensure that the decision-making process and the final contract as the end product of negotiations is in line with the current legal situation and that it stands up to the latest, highest court rulings.
The examination of contracts and contractual clauses for possible invalidity, nullity, contestability or incompleteness is of utmost importance not only before the conclusion of the contract but undoubtedly also after the conclusion of the contract. It is often only in conflict situations that it becomes apparent that formal and instructional regulations have not been observed or have been incorrectly implemented. This must be prevented in advance by prior checking of intended or submitted contract offers.
But even after a contractual relationship has already been established, we can carry out a detailed, in-depth contract review and assert your rights and claims. In addition, by means of a subsequent review of the existing contract, we ward off unjustified, ineffective, void or contestable claims and demands.
General Terms and Conditions of Business: German Contract Law
Another essential part of our extrajudicial services in German contract law is the drafting, negotiation and review of general terms and conditions (GTC). In this respect, particular attention must be paid to the observance of effective and court-proof formulations. We do our utmost to avoid the invalidity of general terms and conditions clauses both in B2C and B2B business. Because the use of incorrect GTC can have serious consequences, e.g. the user is threatened with warnings from competitors or the consumer protection association as well as claims for damages.
Furthermore, ineffective GTC clauses can lead to the rescission of contracts even several years after the conclusion of the contract, e.g. because the necessary revocation instruction did not comply with the legal requirements. Effective GTCs thus play an important role, especially in consumer contracts, not least because of consumer-friendly EU law and the case-law of the European Court of Justice. If the general terms and conditions are ineffective, because, for example, a contracting party is disadvantaged beyond the reasonable extent, the legal regulations automatically apply. This is often also inappropriate for the disadvantaged party.
Due to this high risk of damages, the early assignment of an experienced lawyer is essential. During contract negotiations, our team of contract law attorneys will work out which general terms and conditions clauses are permissible and appropriate for your project and the respective specialist area and will pay particular attention to compliance with the latest legal changes and court rulings.
Furthermore, we check the GTC in the contract offers submitted to you for their effectiveness. We guarantee that you and your contractual interests are not disadvantaged by the GTC and always consider the specifics of the respective legal area. Due to our interdisciplinary orientation, we can offer the drafting, revision and review of GTC in the areas of sales law, labour law, commercial and corporate law, banking and capital market law, as well as other areas of law.