German Contract Law, General Conditions, Antitrust, Insolvency
Contract, Distribution and General Terms & Conditions Law, Insolvency Law
Contract Law plays a prominent role when you conduct a business: An exchange of goods or services without a contractual basis is virtually impossible in the capital goods industry. Our experts support you in questions regarding the increasingly complex design of contracts, their effects and legal consequences. General Terms and Conditions are contract terms that are pre-formulated and can be used for a variety of transactions. But not all clauses are admissible: The German Law on General Terms and Conditions is intended to protect the contractual partner from unreasonable disadvantages and limits the scope of action. This is where we help you to maintain control. The Law on Distribution is the law regulation the distribution of goods. It serves to regulate the organisation of sales and includes, for example, legal relations with commercial agents. Questions in this context often aim at compensation claims upon termination of the contract.
At times, issues connected to Insolvency Law occur: Do you, e. g., want to assert claims, including preferential rights or segregation, in ongoing insolvency proceedings? Or an administrator sends you a request to pay back funds based on an alleged avoidance claim? Of course, we are also here to help when you need support with insolvency issues such as these.
In a decision already published on 19 March 2019 (Az. XI ZR 9/18), the Federal Court of Justice (BGH) renewed that in the event of amendments to individual contractual terms it cannot be assumed at the same time that a clause which is not connected with this in the structure of terms and conditions is also seriously at issue.
In its judgement of 20 March 2019 (Az. VIII ZR 213/18), the Federal Court of Justice (BGH) again specified when a purchased item is not suitable for the use presumed under the contract pursuant to § 434 (1) sentence 2 No. 1 BGB (German Civil Code).
This month we are updating our privacy statement to better understand what information we collect and why. We have also taken steps to improve our features to protect your information and privacy.
There is no change to your current settings or how your data is processed. We have merely improved the explanation of our procedures and explain to you in more detail what options you have to update, manage and delete your data.
We take the protection of your personal data and their confidential treatment very seriously.
General information about the scope of processing of your personal data and about your data protection rights can be found at www.vdma.org/datenschutz.
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