Drafting and review of contracts
A clearly worded contract creates reliability and helps prevent disputes. We draft contracts that reflect your interests and review draft contracts from your business partners for risks.
The key points at a glance
Freedom of contract and its limits
Under German law, the parties are largely free to determine the content of their contracts. Limits arise from mandatory statutory provisions, from the prohibition of transactions contrary to public policy and – in the case of pre-formulated terms – from the review of standard terms and conditions under §§ 305 ff. BGB.
Formal requirements
Most contracts are valid without any particular form. For certain transactions, however, the law requires written form, text form or notarial recording, for example for the purchase of land. Non-compliance may render the contract invalid.
Statutory default rules
Whatever the parties do not regulate is determined by the law. These rules do not always match the interests of those involved, however, for example with regard to liability, warranty, term or termination.
Limitation
Contractual claims are generally time-barred after three years, starting at the end of the year in which the claim arose and the creditor became aware of the relevant circumstances (§§ 195, 199 BGB). Different periods apply to numerous claims.
How we proceed
We clarify with you the commercial background, your objectives and the points that matter most to you.
We prepare a clear draft contract or review the draft submitted to you, identifying risks and making specific proposals for amendments.
We discuss the results with you and, if you wish, support you through to signing.
Frequently asked questions
Is a template from the internet sufficient?
Templates can provide guidance but take account neither of your specific situation nor of current case law. For contracts of commercial significance in particular, tailored drafting is advisable.
Do you also review contracts in English?
Yes, we also review and draft contracts in English. For contracts with an international dimension, we pay additional attention to the choice of law and jurisdiction.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich