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Die Kodifikation des Transparenzgebots in § 307 BGB

German, Tim Gero Joppich, 2009
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General terms and conditions can be deemed unreasonably disadvantageous and thus ineffective according to Section 307 (1) Sentence 2 of the German Civil Code (BGB), even if they are not clearly and understandably formulated. This requirement for transparency was anchored in the general clause of the law on terms and conditions during the modernization of the law of obligations in 2001, after having previously been developed as a principle of case law. The author initially examines the methodological and doctrinal implications of this codification on the basis, content, and limits of the transparency requirement. The focus is on the relationship between substantive content control and formal transparency control. Another emphasis is placed on the principles for determining opacity and its unreasonableness. Furthermore, the positioning of transparency control within the overall system of terms and conditions control is defined, particularly in relation to interpretation (rule of ambiguity) and delineated in the area free from content control, specifically for declaratory and performance-defining clauses. Finally, the developed principles are exemplified through several practical questions in the specific area of employment contract control.

Key specifications

Language
German
Author
Tim Gero Joppich
Year
2009
Book cover
Paperback

General information

Item number
7909950
Publisher
Peter Lang
Category
Reference books
Release date
28.2.2018

Book properties

Language
German
Author
Tim Gero Joppich
Year
2009
Book cover
Paperback

Voluntary climate contribution

CO₂ emissions
0,35 kg
Climate contribution
EUR 0,12

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Product Safety

14-day cancellation right
30-day right of return if unopened
24 Months statutory warranty
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