Document unit
The document unit deals with the requirements of Section 126, Paragraph 2, Clause 1 of the German Civil Code (BGB) and the question of whether, in the case of a contract that must be in writing , the parties have signed the same document if the document consists of not just one, but several pages consists.
The individual leaves generally require a physically firm connection. This is the case if either the dissolution of the connection is only possible with partial destruction of the substance (as in the case of stapling with thread, glueing) or the physical connection is recognizable as being permanently wanted and its removal would require the use of force (as with stapling machines ).
If there is no such permanent connection, at least a sufficient mutual reference is required. This arises in particular from a uniform designation of the main document and annexes, but alternatively also from other circumstances such as content references, continuous pagination and the uniform signing of each individual sheet of the main document and annex by a paragraph . In contrast, the document unit is unproblematic when each page is signed with the full name signatures of both parties.
These principles also apply to the unity of written supplements and the contract that requires a form as well as in accordance with § 57 , § 62 VwVfG also for contracts under public law .
Individual evidence
- ↑ BGH, judgment of November 13, 1963 - V ZR 8/62 = MDR 64, 131
- ↑ BGHZ 136, 357
- ↑ BGH, judgment of January 21, 1999 - VII ZR 93/97
- ↑ BGH, judgment of July 5, 2000 - Az. XII ZR 70/98
- ↑ BVerwG, decision of January 28, 2010 - 9 B 46.09
