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Commercial contracts—Germany—Q&A guide [Archived, 2022 edition] This Practice Note offers a jurisdiction-specific Q&A overview of commercial contracts in Germany, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Lutz Abel Rechtsanwalts PartG mbB—Marius Mann; Benjamin Baisch; Björn Weidehaas 1. Is there an obligation to use good faith when negotiating a contract? Yes. Good faith is set out in section 242 of the German Civil Code (BGB) and is a basic tenet of German law. It imposes a duty on both contracting parties to fulfil their obligations faithfully and sincerely, taking customary practice into account. Nevertheless, where there is no breach of specific provisions of the BGB or the German Commercial Code (HGB), enforcing a claim that relies solely on the general clause in section 242 BGB is generally difficult. The principle is fleshed out, for example, in section 138 BGB (no legal transaction contrary to public policy; no usury) and in section 307 et seq BGB (no...
This guide outlines the requirements for forming contracts across numerous international jurisdictions. The table offers a quick‑reference overview of the criteria for binding contracts, and for individuals and partnerships, in a variety of countries. More comprehensive guidance on each overseas jurisdiction included in the table is provided in the sections below. For details on executing contracts in different jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For details on executing deeds in different jurisdictions, see Practice Note: Execution of deeds—jurisdictional guide. For details on electronic signatures in different jurisdictions, see Practice Note: E‑signatures—jurisdictional guide. For information on contract formation under Scots law, see Practice Note: Key differences in the law of contract between Scots and English law. Please note that this is an introductory guide only, and local advice from appropriate legal professionals in the relevant country should be sought where appropriate. Summary table What are the basic requirements for the formation of a binding contract? Is there any obligation to use good faith during...
ARCHIVED: This Practice Note has been archived and is not maintained Stop press: On 30 April 2024, Regulation (EU) 2024/1183, the European Digital Identity Framework (EUDI Regulation), was published in the Official Journal of the EU (see: LNB News 30/04/2024 39). The Regulation took effect on 20 May 2024 and amended Regulation (EU) No 910/2014, the EU eIDAS Regulation. This Practice Note has therefore been archived—for further details on the EU eIDAS Regulation as amended by the EUDI Regulation (also called the Revised EU eIDAS Regulation or EU eIDAS 2.0), see Practice Note: The revised EU eIDAS Regulation (EU eIDAS 2.0). This archived Note summarises Regulation (EU) 910/2014 (the eIDAS Regulation), which establishes the legal framework for electronic signatures within the EU. It sets out who may use electronic signatures and the contexts in which they are valid. To support EU-wide creation and verification of electronic signatures, a series of implementation standards were identified. This Practice Note addresses EU law only; for the general position...