Standard Contract Terms, Unilaterally Imposed Contract Terms and the General Principles of Contract Law
26.03.2010
According to orthodox German writing, standard contract terms came into use in the 19th century. The legal profession, however, only reacted in the 20th century by developing special rules addressing the problems following the use of standard contract terms, especially rules on their incorporation into the contract, their interpretation and their fairness control. These rules are looked upon as products of 20th century legal development. Phillip Hellwege traces these rules back into the 19th century. His historical analysis raises a number of questions: Is there a need for special rules on the incorporation of standard contract terms? And should the fairness control be restricted to standard contract terms? After a comparative overview, Hellwege tries to answer these and other questions. He thereby gives a critical account of the modern German law regarding standard contract terms.Further information: Phillip Hellwege, Allgemeine Geschäftsbedingungen, einseitig gestellte Vertragsbedingungen und die allgemeine Rechtsgeschäftslehre, JusPriv 148, Mohr Siebeck 2010, XXVIII + 677 pages.