Einbeziehung und Inhaltskontrolle Allgemeiner Geschäftsbedingungen im Export

VDMA 2013
112 pages

Member price visible after registration
Author: RA Veronika Häuslschmid
ISBN 978-3-8163-0583-5
The seller of machines and parts relating to them is usually dependent on deviating from the statutory regulations in the export contract and limiting his liability. The aim is to find a contractual arrangement that is in the best interests of the parties. General terms and conditions are often used for day-to-day business. For the predominantly medium-sized industry, it is not easy to reach legally effective agreements. It is not only necessary to find an acceptable liability regulation. Further legal hurdles must be overcome, such as the legally effective inclusion of the provisions in the contract. The legal requirements are determined by the applicable law. They differ considerably in some cases. This document primarily deals with the legally effective inclusion of general terms and conditions. It also provides some insights into the national legal requirements for monitoring the content of general terms and conditions.
Contents:
1 Introduction
2 German law
2.1 Domestic issues
2.2 Excursus: Foreign law domestic issues
2.3 Foreign reference under the applicability of German law
3 Foreign reference under the applicability of foreign law Examples
3.1 CISG (UN Sales Convention)
3.2 Chinese law
3.3 English law
3.4 French law
3.5 Italian law
3.6 Dutch law
3.7 Norwegian law
3.8 Austrian law
3.9 Polish law
3.10 Russian law
3.11 Swedish law
3.12 Swiss law
3.13 Spanish law
3.14 Czech law
3.15 US law
4 Practical tips
4.1 Minimum requirements
4.2 Silence
4.3 Timing
4.4 Language
4.5 Conflicting general terms and conditions
4.6 Multiple documents
4.7 Online general terms and conditions
4.8 Printing
4.9 Control of general terms and conditions
4.10 Choice of law
4.11 CISG
4.12 German law
5 Literature used
6 List of abbreviations
7 Legal texts
7.1 BGB (Germany)
7.2 ZPO (Germany)
7.3 Rome I Regulation (EU)
7.4 CISG
7.5 Brussels I Regulation (EU)
7.6 UN Convention
7.7 Contract Law (PRC)
7.8 Interpretation on Several Issues Concerning the Application of the PRC Contract Law (China)
7.9 CC (Italy)
7.10 BW (Netherlands)
7.11 ABGB (Austria)
7.12 Civil Code (Poland)
7.13 ZGB, Part I (Russia)
7.14 OR (Switzerland)
7.15 UWG (Switzerland)
7.16 LCGC (Spain)
7.17 Código Civil (Spain)
7.18 CS-BGB (Czech Republic)
7.19 CS-HGB (Czech Republic)
7.20 UCC (USA)
Author:
Attorney Veronika Häuslschmid, Frankfurt/Main, Legal Department Verband Deutscher Maschinen- und Anlagenbau e.V. (German Engineering Federation)