General terms and conditions law
| Basic data | |
|---|---|
| Title: | Law regulating the law of general terms and conditions |
| Short title: | General terms and conditions law |
| Abbreviation: | AGBG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | civil right |
| References : | 402-28 |
| Original version from: | December 9, 1976 ( Federal Law Gazette I p. 3317 ) |
| Entry into force on: | predominantly April 1, 1977 |
| New announcement from: | June 29, 2000 ( BGBl. I p. 946 ) |
| Last change by: |
Art. 6 No. 4 G of November 26, 2001 ( BGBl. I p. 3138, 3187 ) |
| Effective date of the last change: |
January 1, 2002 (Art. 9 Paragraph 1 G of November 26, 2001) |
| Expiry: | January 1, 2002 (Art. 9 Paragraph 1 G of November 26, 2001, Federal Law Gazette I p. 3138, 3187 ) |
| Please note the note on the applicable legal version. | |
The law regulating the law of general terms and conditions (AGB-Gesetz) was a German law to control the content of pre-formulated contractual conditions . It also served consumer protection . It was transferred to the BGB with effect from January 1, 2002 .
The so-called General Terms and Conditions were regulated by the General Terms and Conditions Act . The law was intended to prevent companies and merchants from binding their contractual partners, especially consumers , with form-like clauses - the so-called small print - to provisions that are unilaterally at the expense of the customer.
Before the introduction in 1977 , general terms and conditions were checked in the case law according to the provision of § 242 BGB (good faith). The principles for the control of general terms and conditions developed by case law became part of the content of the law without any significant changes.
With the modernization of the law of obligations in 2002, the General Terms and Conditions Act was repealed by the Law of Obligations Modernization Act and the substantive provisions, together with other consumer protection regulations, were largely transferred to the German Civil Code (BGB) with the same content . These regulations can now be found in §§ 305-310 BGB.
For the formal and legal rules which was Injunction Act (UKlaG) created.
