This article deals with the private law contract
There are, for example, the public-law contract, as well as the international Treaty
Under a contract refers to two or more persons declared Consensus on the establishment of a legal success.
The contract is one of the multi-page transactions, and (at least) two matching declarations of intent of various parties ahead of the voting.
Supplement to: transactions to which only one Person is involved, it is called unilateral declarations of, for example, of termination or of the withdrawal and the withdrawal will. This allows it to shape to the Individual, its conditions of life within the legal order of free and self-responsible.
The most important Instrument for this purpose, the Contract.
Limitations only exist if a law exists prohibiting (e.g, immorality, § of the German Civil code (BGB). Therefore, contracts in the most diverse situations to be closed. In addition to the classic purchase contract and many other contracts from the life are indispensable. The rights and obligations of the tenants, the labour contract regulates, for example, the lease agreement, the employment relationship, the contract of inheritance, the inheritance and the marriage contract, the divorce will follow. A contract is by submission of two consecutive in the reference, the content of established voice declarations of intent.
As a rule, temporally preceding is statement as an offer (§ BGB), which referred to this, following its adoption (§ BGB).
Both offer and acceptance are, in principle, want to receive the needy declarations, i.e. they must be received by the other party, in order to be effective. The date of conclusion of the contract the effective date of the Declaration of acceptance, so the time of your access. The offer will be accepted late or in a modified Form only, so this is the watch as a re-offer that in turn requires acceptance. A contract can act in different ways. The contract can give rise to obligations.
Thus, a Contracting party has against the other a claim under the contract.
The claim holders may make against his Contracting partner claims and non-compliance of court, sue for and enforce. On the other hand a contract can cause but also immediate changes in the Law so that the legal consequence immediately with the conclusion of the contract occurs, for example, the assignment. As a result of an assignment contract, the contract partner will be immediately after the conclusion of the contract holders of the assigned claims. In principle, treaties are effective only Inter Patres, i.e, between the conclusion of the contract directly Involved Parties to the contract. This limitation is, however, broken through by exceptions.
The civil law in Germany, the principle of private autonomy
The Contracting parties may agree that the debtor (Promising) has to provide the service to a creditor (promise, receiver) third party (contract for the benefit of a third party). The third party receives a claim against the Promising, so one speaks of the"genuine contract in favor of a third party' is entitled the debtor only to do with debt-discharging effect of the third, one speaks of"the false contract for the benefit of third parties'. Is included the third party only under certain protection obligations in the contract, so that he can make the breach of contractual claims for damages, is a"contract with protective effect for third parties'. Contracts provide for obligations of third parties, so-called contracts to the detriment of third parties, are strictly prohibited. Furthermore, the principle applies in contract law 'pacta sings servanda', which means as much as"agreements must be kept'. This has the consequence, that can't solve the parties in accordance with the respective desired on one side by a corresponding statement of the concluded contract. As with the conclusion of the Treaty itself, there is a need to the resolution of two, in this regard, concurring declarations of the contract parties. It is also important to prevent the hasty and ill-considered contracts. This concern, in certain cases, legal requirements as to the form of the invoice, but on the other, the principle of"pacta Sund servanda' restrictive, in certain cases, existing legislation of a Contracting partner, particularly a consumer, to solve, for example, by withdrawal from the contract to carry. The basis for the latter is often a special Situation in which a contract is closed (door-to-door business, remote paragraph contract). The The legislator is obliged, due to the fact that the GG, as well as the EU have a high level of consumer protection for consumer contracts, i.e, contracts between a trader and a consumer, special protective rules in favor of the typically unsuccessful consumer. For this reason, it is in terms of consumer contracts, a whole host of special statutory provisions. A contract can, in principle, be free form, i.e. without the observance of a special Form and also verbally, or implied. However, there are exceptions, according to which a contract is only effective if it has been closed in compliance with a special Form, such as notarial deed in the land purchase contract pursuant to art. § b of the German Civil code. Form rules are used here, in particular, of the warning and protection function.
The contract agreements of a Contracting party in a variety of Contracts, pre-formulated and to the other party at the conclusion of the contract, General terms and conditions (GTC), their effectiveness and validity, in turn, is based on special legal requirements.
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