Termination of Contracts (Kündigung) chapter 2 de

National law – DE– Legal system – module 2

An offer is ordinarily binding; that is, it cannot be canclled during the period stipulated for its acceptance or, if no such time period is stipulated, for a reasonable period of time after it reached the offer.

For cancellations, a distinction is made between the ordinary termination and extraordinary terminate. The ordinary termination includes any statements of reasons and are bound by a time limit. The right of ordinary termination is different for each type of contract, and thus takes into account the specific characteristics of the respective Rechtsbereichs. The extraordinary termination occurs within the contract term. For this, an important reason is necessary.

Labor law has special conditions of termination. Here especially the protection against the dismissal Act (KSchG) be aware, high demands on the effectiveness of the ordinary termination of certain working conditions. The relevant provisions can be found in Section 314 BGB (as well as in § 543 for leases and the § 626 for service contracts). Workers with the protection against dismissal lawsuit can proceed against labor code unjustified dismissals.

Other notes about termination (Source: Kündigungsschutzgesetz – KSchG)

  • § 309 Abs. 9 BGB specifies that a clause in the GTC is ineffective, which stipulates that the period of notice expires more than three months before the automatic (silent) contract renewal.
  • § 313 (3) BGB sets a right of termination in the event of a disruption of the business basis.
  • In addition to the previous statutory provisions on termination, there are still some special rules for contracts for services and work

• There are other special statutory termination arrangements, for example for rental and loan agreements, which cannot be discussed here.

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