The consequences of non-observance of the bargains’ form according to German civil law

Abstract

This article was written during the preparation of the master’s thesis at the Institute of Comparative Jurisprudence and International Private Law of the University of Passau (Germany). It is devoted to the analysis of the consequences of non-observance of the bargain’s form according to German civil law.
In the article the consequences of non-fulfillment of legal and voluntarily established by the parties requirements of bargains’ performance in definite form (§ 125 of the German civil code) are considered in detail. The correlation of legal norms regulating the consequences of non-observance of the bargains’ forms (§ 125 of the German civil code) and contracts (§ 154 of the German civil code) is interpreted. The legally established exceptions to the common rule of § 125 of German civil code (including sentence 1 of § 550 of the German civil code) are analyzed.