Clause bans

Clause bans

Legal organization and entrepreneurial structuring of influencer start-ups and personal brands
Taking on investors in a startup: timing, risks and legal framework
Startups in the legal gray area: permissibility and limits of innovative business models
Moral and legal aspects of “Trust among founders”
Honesty and fair pricing for start-ups (SaaS, mobile apps and digital services)
Creating contracts with face models and voice models: A guide for the gaming industry
Legally compliant archiving of emails: legal requirements and practical implementation
License agreements for software start-ups
iStock 1405433207 scaled
Support with the foundation
Arbitration and alternative dispute resolution in corporate disputes
Drafting contracts in the context of agile working methods: Scrum and Co.
joint venture
partnership limited by shares kgaa
Digitalization and contract law: Electronic signature in accordance with the eIDAS Regulation
Pentesting as a service: legal framework and contract design
ai generated g63ed67bf8 1280
Beware of fake streaming offers
Data trusteeship in IoT projects

Clause bans

Kategorien

All available in:

Inhaltsverzeichnis
Key Facts
  • Prohibitions on clauses are legal provisions that prevent inadmissible contractual clauses in general terms and conditions.
  • The legal basis for the prohibition of clauses can be found in the German Civil Code, in particular in Sections 305-310.
  • According to Section 307 of the German Civil Code (BGB), GTC clauses are invalid if they are unreasonably disadvantageous.
  • § Section 308 BGB lists clauses that are usually considered unreasonable, e.g. advance payments.
  • § Section 309 BGB includes clauses that are ineffective without consideration, such as exclusions of liability.
  • Clause bans are enforced by courts and consumer protection associations.
  • Companies in Germany should check their general terms and conditions in order to comply with legal requirements.

Introduction

In Germany, general terms and conditions (GTC) are a widely used means for companies to agree standardized contractual terms with their customers or business partners. However, the law governing general terms and conditions in Germany is strictly regulated to ensure that the rights of contractual partners, especially consumers, are protected. A key element of this regulation is the clause prohibitions. In this article, we will take an in-depth look at the prohibitions on clauses in the law governing general terms and conditions in Germany.

What are clause prohibitions?

Clause prohibitions are legal provisions that declare certain types of contractual clauses in general terms and conditions to be inadmissible. These prohibitions are intended to prevent one party, usually the user of the GTCs, from disadvantaging its contractual partners through unfair or unbalanced clauses.

Legal basis

The legal basis for clause prohibitions in GTC law in Germany is found in the German Civil Code (BGB). In particular, §§ 305-310 BGB are relevant. The general requirements for the validity of GTCs as well as special clause prohibitions are regulated here.

Types of clause prohibitions

General clause (§ 307 BGB)

Pursuant to Section 307 of the German Civil Code, provisions in general terms and conditions are invalid if they unreasonably disadvantage the contractual partner of the user contrary to the principles of good faith.

Clause prohibitions with evaluation option (§ 308 BGB)

§ Section 308 of the German Civil Code contains a list of clauses that are generally considered unreasonable, but may be permissible under certain circumstances. Examples are advance payments, contractual penalties or unilateral changes in performance.

Prohibition of clauses without possibility of evaluation (§ 309 BGB)

§ Section 309 of the German Civil Code (BGB) contains a list of clauses that are generally invalid without the need for further consideration. Examples include exclusions of liability, restrictions on termination or limitations on warranty rights.

Control of GTC

The control of general terms and conditions and the enforcement of clause prohibitions is usually carried out by courts. In addition, consumer protection associations and competition centers are active and can take action against companies that use unlawful GTCs.

Conclusion

Clause prohibitions in GTC law are an important instrument for protecting contractual partners, especially consumers, from unfair contractual terms. Companies operating in Germany should carefully review their GTCs to ensure that they comply with legal requirements.

Ähnliche Beiträge

Welcome Back!

Login to your account below

Retrieve your password

Please enter your username or email address to reset your password.