What characterises a lawyer for contract law?

Our Düsseldorf based law firm Topuz Law advises companies and private individuals (private law subjects) on all questions of contract law. Contract law is part of general civil law and regulates - in simple terms - the rights and obligations of the contracting parties arising from a legal relationship (also known as a contractual relationship).

The following article is intended to provide a brief overview of contract law and the areas of responsibility of a lawyer specialising in contract law:

I. Fundamental freedom of contract

In the German Civil Code (BGB), the German legislator standardises certain types of contract (purchase agreement, rental agreement, contract for work and services, etc.) and subjects them to certain rules. In this context, standardisation means that the legislator merely assigns a "name" to certain types of contract in order to describe the process behind the respective type of contract.

However, this legislative typification does not mean that private law subjects are exclusively bound to the types of contract specified by the legislator. Freedom of contract (also known as private autonomy) means that subjects of private law may "mix" different types of contract prescribed by law or even "invent" completely new types of contract - within the limits of the law (freedom of organisation).

Freedom of contract also entails the right of a subject of private law to decide with whom a legal relationship should or should not be entered into (freedom of contract).

Freedom of contract also includes the freedom to decide on the form (verbal, written, conclusive behaviour, etc.) of the contractual relationship (freedom of form).

II. Limits of contractual freedom

As in many other areas of life, the freedom of contract granted by the legislator has legal limits.

1. mandatory law

The freedom to decide on the content of a contractual relationship must not lead to a breach of mandatory law. A contractual relationship must not violate statutory prohibitions.

For example, a loan agreement is null and void due to a breach of morality (Section 138 BGB) if the agreed loan interest rate exceeds the standard market interest rate by 100%.

A contractual relationship is also invalid if the legally prescribed form is not observed. If a purchase agreement for a property is not notarised, this constitutes a breach of Section 311b BGB, meaning that the entire contractual relationship is formally invalid and therefore void (Section 125 BGB).

2. obligation to contract

The freedom to decide on the conclusion of a contractual relationship is significantly restricted by contractual obligations.

For example, a taxi driver cannot refuse a potential passenger because their destination is not far enough away. Similarly, local public transport companies cannot exclude any person or group of people from transport. Everyone in possession of a valid ticket must be transported. muss befördert werden.

Access to electricity, water and gas is not a matter for the autonomous private will of the basic supplier. By virtue of a public law mandate, they are obliged to supply and thus to enter into a contractual relationship.

III. Types of contractual relationships

The German Civil Code lists the following contract types as examples:

• Purchase contract (Section 433 BGB);

• Loan agreement (Section 488 BGB);

• Tenancy agreement (Section 535 BGB);

• Service contract (Section 611 BGB);

• Employment contract (Section 611a BGB);

• Contract for work (Section 631 BGB).

Almost every moment of daily life is connected in some way with contract law.

If a tenant wakes up at the beginning of each day in the flat they have rented, they exercise their rights under the existing tenancy agreement.

If he brushes his teeth and uses electricity and water, this is based on supply contracts with the utility companies.

If a citizen dresses, this is based on purchase contracts, as the garments were purchased at an earlier date.

If the citizen gets on the tram after having purchased a ticket, this is based on a transport contract (contract for work).

If the citizen arrives at his place of work and performs his duties as an employee, he fulfils his obligations under the employment contract.

IV. Lawyer for contract law

Every fully qualified lawyer receives general training in general civil law as part of their legal training, which also includes contract law. However, this does not mean that every fully qualified lawyer is proficient in contract law.

There is currently no specialist lawyer training course for contract law. It is the responsibility of a lawyer to continually refresh their own knowledge and keep an eye on developments in case law. Each standardised type of contract has its own pitfalls. Lawyers who lose sight of the big picture often provide incomplete, if not incorrect, advice.

V. Conclusion

The law firm Topuz Law from Düsseldorf offers you qualified legal advice in the field of contract law.

• Would you like to have a contract or claims arising from a contract checked for correctness or even assert counterclaims?
• Would you like us to draft your own contract text that is tailored specifically to your private or business needs?
• Would you like us to thoroughly revise your existing contract texts and bring them up to date with the latest legal requirements?
• Are you being sued and would like to defend yourself?

If one of the above cases applies to you, you can send us a message at any time using our contact form. Alternatively, you can send us an e-mail or call our office directly. Our office will answer your call within our opening hours. You will usually receive a response from us within 24 hours.

Tolga Topuz
Lawyer

Topuz Law – Law firm from Düsseldorf –