Commercial and contract law — Germany & France
Strategic advisory for your cross-border business relationships in the Franco-German context.
Contract drafting
Legal structuring of contractual basis, focused on lasting protection of economic interests in Germany and France.
Contract negotiation
Strategic support of contract negotiations toward balanced contractual frameworks.
Contract management
Legal classification of performance disturbances and structured adjustment of contracts.
FAQ
- What is the difference between commercial law and contract law?
- Commercial law is the special law of merchants, codified in particular in the German Commercial Code (HGB). Contract law is broader and covers all contractual obligations. In day-to-day business, both regularly intersect.
- What should a supply or framework agreement contain?
- Scope of services, prices and payment terms, delivery times, passing of risk, warranty, liability, confidentiality, term and termination, choice of law and jurisdiction. For cross-border contracts, language and the CISG should be considered.
- When are GTCs validly incorporated?
- GTCs become part of the contract only if they are made known to the counterparty and accepted. In B2B contexts, a clear reference and reasonable opportunity to take note are sufficient. Their content remains subject to validity review.
- Which law applies to international commercial contracts?
- The applicable law is normally determined by a choice-of-law clause. In its absence, the Rome I Regulation applies in the EU context. For international sales of goods, the applicability of the CISG must be examined.
- What can be done in case of breach by a business partner?
- Legal grounds, deadlines and evidence should first be examined. An attorney demand letter with deadline is often a first step; if performance fails, rescission, damages or court action may be considered.