Sample contract
A model contract is a ready-made document that contains contract content that applies to a large number of contracts. Model contracts have mostly been drawn up by one contracting party so that the second party only has to accept them. A well-known example of this are general terms and conditions . Sample contracts can also be used as formulation aids for legal laypersons, in which both parties can then jointly fill in blank fields. An example of this is the ADAC sales contract for cars.
The model contract is legally to be regarded as general terms and conditions within the meaning of Section 305 (1) BGB. The general terms and conditions law applies to a model contract. The general terms and conditions also apply if the sample text is not from the user himself. Model contracts can be written by third parties. It is sufficient if the user uses pre-formulated contractual clauses from a third party for himself (BGH, February 17, 2010 - VIII ZR 67/09, No. 10, 11). According to the BGH, there is no unilateral setting of contractual conditions if private individuals agree to use a model contract in order to guarantee the use of a legally flawless contract (BGH February 17, 2010 - VIII ZR 67/09, No. 20).
Individual evidence
- ↑ BGH, February 17, 2010 - VIII ZR 67/09 on lexetius.com