BYKlausel

BYKlausel is a term used in German-language contract drafting to describe a clause that uses the abbreviation “BY” within the text. It is not a fixed or codified legal term with a universal content; rather, it is a drafting label that can denote different provisions depending on the contract, the industry, and the jurisdiction. The precise meaning and effect of a BYKlausel are determined by the definitions section, the operative text, and any schedules or exhibits attached to the agreement.

In practice, a BYKlausel functions as a conditional or procedural provision that the drafter has set apart from boilerplate clauses. Because the “BY” element is defined locally in each document, the clause can address a wide range of topics, such as timing, conditions precedent, price adjustments, rights of termination, or dispute-resolution steps, but only to the extent specified in that contract.

Due to its variable nature, interpreting a BYKlausel requires reading the surrounding text and any defined terms carefully. There is no single standard form for a BYKlausel, and its effects are legally significant only within the context of the agreement in which it appears.

See also: Contract law, Standards for drafting, German-language model contracts.