The subject area of contract law
Nowadays, contracts regulate almost every area of our lives - be it at work, in our own company or in our private lives. Employment contracts, rental agreements, mobile phone contracts, purchase agreements,... - Contract law is simply part of life and it is hard to imagine life without contract law. The reasons for this are of course clear. Contracts should create legal certainty for all parties involved. If problems arise, as many circumstances as possible should be clarified just by looking at the contract.
That sounds very fair. In principle, it is, but of course there is not really a "level playing field". Large companies can, of course, incorporate their own interests into contracts in much greater detail. They can even ensure that their interests will be realised in the future through active lobbying. As a consumer, you therefore generally just have to accept what is presented to you for signature. But of course, consumers are not completely helpless.
Contract law from the consumer's point of view
A lot has supposedly improved for consumers in recent years. A lot has really happened, especially when purchasing products and services. Data protection and the right of cancellation have to be given high priority everywhere on the Internet and, of course, must be adhered to. Verbal contracts over the phone are no longer as quick and easy as they used to be. Large chains and companies often no longer even ask for reasons for returning products and so on.
Of course, this supposed protection also comes at a cost. On the one hand, it makes products more expensive, but on the other hand, it also ensures that new and less transparent tricks have found their way into contract law. From the perspective of a contract law lawyer, the amount of work in this area has actually increased significantly.
Today, however, disputes with lawyers in contract law still mainly take place where basic needs and higher amounts are involved. The employment contract should be emphasised here, but of course also tenancy law. Disputes between consumers and mobile phone companies are also very common. However, these are usually not very promising due to the "low" amounts in dispute and the very detailed terms and conditions of the providers.
For consumers and employees, it is recommended that contracts are reviewed before they are concluded and not only in the event of a dispute. Based on the needs and requirements of the client, an experienced contract law lawyer can recognise at an early stage where there is potential for conflict and, if necessary, work towards making adjustments.
Contract law from the entrepreneur's perspective
Entrepreneurs need to be even more careful when it comes to contract law. This is because unsuitable contracts directly threaten their business existence. Poorly formulated purchase and sales contracts immediately cost turnover and profit. Inadequate general terms and conditions are usually the cornerstone of business failure. Legal advice from a lawyer, especially in contract law, is not cheap and people tend to cut corners here, especially in the start-up phase of a company. But mistakes made here are usually expensive mistakes.
We therefore recommend that start-ups and founders in particular seek in-depth legal advice on the form of the company and all initially necessary documents and contracts right from the start. This not only creates legal certainty, but also ensures that you have legal advice at your side from the outset that you know and can trust. After all, it is practically impossible to get through entrepreneurial life today without a lawyer.
Types and examples of contracts
- Employment contracts, franchising / franchise contracts, author contracts and all other contracts arising from professional associations and dependencies.
- Contracts in inheritance law & family law
- Contracts in copyright law and licence law
- Rental agreements & leases
- Mobile phone contracts, mobile phone contracts, telephone contracts
- Contracts in commercial law & company law
- Service contracts, work contracts and service contracts with members of the liberal professions
- Purchase agreement, gift agreement, loan agreement, surety agreement or loan agreement
- ...
Your lawyer for Contract Law in Munich - Benjamin Schreiber
Many years of experience and my training as a business economist help me as a lawyer in contract law to advise my clients in a precise and goal-orientated manner. We are particularly happy to advise start-ups and new companies. This is where you have the best tax and control options to avoid initial mistakes in the legal area. It is difficult to correct legal negligence in companies that are already fully grown. Contract law in Germany is not actually a particularly complex and difficult matter. The problem only arises from the sheer volume of contracts that we have to deal with in normal life. Who has the time to read a 20-page mobile phone contract in detail? And who can judge for themselves which wording in a new employment contract really complies with current case law? If you want to be on the safe side, it is therefore better to invest in a thorough examination of contracts and documents.
The law firm Rechtsanwalt Schreiber in Munich Neuhausen looks forward to hearing from you. We will be happy to accompany you from the very beginning on your path to private or commercial success. Your lawyer for contract law in Munich.