Accidentalia negotii
Accidentalia negotii ( lat .) Is a legal term for the ancillary agreements of a contract .
Although the contracting parties must agree at least on the object of sale and the price in a sales contract , on the rental object and rent in the case of a lease, or on the amount of money and interest rate in the case of a loan - so-called essentialia negotii, i.e. the minimum agreements for a contract - a specific provision can be made - so with regard to the exact amount of the purchase price, rent or interest - only take place later on the basis of criteria that have already been agreed. Such side agreements are the Accidentalia negotii .
The main area of application of the Accidentalia negotii is a lack of agreement according to § 154 , § 155 BGB .
If the contracting parties have obviously not reached an agreement on the accidentialia negotii ( open dissent ), the interpretation rules of Section 154 BGB must determine whether they want to make the validity of the entire contract dependent on this agreement. In accordance with Section 154 (1) sentence 1 of the German Civil Code, the contract is deemed not to have been concluded. If the conclusion of a contract is affirmed, the loophole is to be closed by a supplementary contract interpretation or by applying dispositive statutory law.
If, on the other hand, the contracting parties are not aware of the disagreement about the accidentialia negotii (so-called hidden dissent ), the interpretation rule of Section 155 of the German Civil Code (BGB) determines whether the contract was concluded. According to § 155 BGB, this is the case if it can be assumed that the parties would have concluded the contract even without an agreement on the subsidiary agreement. As in the case of open dissent, the existing loophole would have to be closed by a supplementary interpretation of the contract or by applying optional legal law.
