Proof of receipt of an e-mail
Burden of proof for the receipt of declarations of intent: Case law on e-mail, fax, read confirmation and secure delivery methods - practical tips and current judgments.
Completeness clause "Verbal collateral agreements do not exist"
Rental agreements contain a standard completeness clause: "There are no verbal ancillary agreements." (or similar). The BGH has dealt with the validity of this clause.
Obtaining evidence in the USA in international arbitration proceedings
In the USA, the discovery procedure is a key instrument for preparing a court hearing. The US Supreme Court has decided whether this procedure is also applicable to international arbitration proceedings.
To the extent permitted by law? Not a good idea!
According to German case law, the addition "to the extent permitted by law" renders a pre-formulated contractual clause invalid. This is relevant for jurisdiction clauses, among other things.
Incoterms® 2020 - Practical overview
This article gives an overview of the changes in Incoterms® 2020 compared to Incoterms® 2010 and provides solutions for more legal certainty.
Withdrawal from the purchase contract
Withdrawal from the purchase contract requires that the buyer has previously set the seller a reasonable deadline for supplementary performance without success. This will help you avoid costly mistakes.
No individual agreement
Commercial Contracts often contain a pre-formulated clause according to which the contracting parties have allegedly reached an individual agreement. This clause is counterproductive.
All cap clauses in contracts
Contract parties often use capitalized clauses in commercial contracts. This makes reading unnecessarily hard. There is a simple solution.
Act on Contractual Aspects of the Provision of Digital Content and Digital Services
Act implementing Directive (EU) 2019/770 of May 20, 2019 on certain aspects of contract law relating to the supply of digital content and digital services
Current case law (2021)
Relevant GTC case law in 2021