March 27, 2015 Leave a comment
http://www.grprainer.com/en/Contract-Law.html General contract law is characterised by the principle of contractual freedom. This private autonomy applies as long as it does not infringe laws or is contra bonos mores.
GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: It is a characteristic feature of contracts that the contractual parties make corresponding declarations of intent (offer and acceptance). These declarations of intent can be freely agreed upon as long as this does not lead to the terms of the contract infringing applicable laws or being contra bonos mores. However, the result of this freedom when drafting the contract is that one must carefully consider before concluding the contract which rights and obligations ought to be contractually regulated so as to avoid nasty surprises at a later date. The contract should be drawn up in appropriate detail. Its content is considered binding. It must therefore also be borne in mind that a breach of contractual obligations can entail claims for damages or other legal consequences.
The provisions of general contract law apply to all types of contract in civil law, for example sales contracts, rental contracts, contracts to produce a work, service contracts, licensing contracts, lease contracts and even franchise contracts. The rules and provisions of these areas of law must therefore also be taken account of when concluding contracts. This shows that drafting contracts is a complex process which can easily exceed the knowledge of a layman. That is why a lawyer who is competent in the field of contract law should be consulted from the beginning and involved in drawing up the contract. The more accurately the contract is drafted, the lower the probability of being faced at a later date with nasty surprises with the corresponding legal consequences. Furthermore, in cases involving contracts with international partners, various international regulations also need to be observed.
If a breach of contract arises, it ought to be noted that claims from all types of civil law contracts are subject to the statute of limitations. Should claims for damages have arisen from the breach of contract, e.g. through non-performance or defective performance, these have to be asserted within the statutory timeframe. The regular statutory limitation period is three years. One should also obtain legal advice in order to enforce these claims.