Kündigungserklärung

Kündigungserklärung refers to the formal declaration of termination of a contract. This applies to various legal relationships, most commonly employment contracts and rental agreements. In Germany, specific legal requirements govern the validity of a Kündigungserklärung. For employment contracts, it must typically be in writing and sent to the employer. For rental agreements, written form is also generally required, and in some cases, the reason for termination may need to be stated.

The declaration must be clear and unambiguous. It signifies the will of one party to end the contractual relationship. The timing of the Kündigungserklärung is crucial, as it often triggers notice periods that must be observed. Failure to adhere to formal requirements, such as the absence of a written form or incorrect delivery, can render the Kündigungserklärung invalid, meaning the contract remains in effect.

In employment law, the employee's Kündigungserklärung is generally straightforward, but the employer's declaration is subject to significant legal protections for the employee, including social considerations and justification requirements. For rental agreements, specific rules apply regarding the notice periods depending on the type of tenancy and the duration of the contract. Understanding the precise legal framework surrounding Kündigungserklärung is essential for both parties to a contract to ensure a legally sound termination.