Essentialia negotii
Essentialia negotii ( Latin for "essential business characteristics") is a legal technical term for the necessary minimum content that a contract of a certain type must have and on which the contracting parties must agree in order for this contract to come about. These are the performance , the consideration and the contracting parties. The essentialia negotii represent the contractual principles. The singular in the nominative is "essentiale negotii" (not: "essentialium").
As a contractual principle
The Essentialia negotii must be used in a sales contract z. B. in § 433 BGB contain at least information about
- the names of the contracting parties
- the purchased item
- the price
- Time of fulfillment
In the lease , they should contain information about
- the rental property
- the amount of rent
- or in the case of a (money) loan, the amount of money
It is possible, however, that a specific provision - e.g. B. with regard to the exact amount of the purchase price, rent or interest - only takes place later on the basis of criteria that have already been agreed .
Demarcation
In contrast to the essentialia negotii, accidentalia negotii are contractual subsidiary points that can be regulated in the contract, but are not absolutely necessary.
