Marktüblichkeit

Marktüblichkeit refers to the concept of what is customary or usual in a particular market. It is a legal and economic term used to determine whether a certain practice, price, or condition is in line with what is generally accepted or expected within a specific industry or marketplace. This concept is often applied in various contexts, including contract law, competition law, and real estate.

In contract law, marktüblichkeit is used to interpret ambiguous terms or to assess the fairness of certain contractual clauses. For instance, if a contract states a price is "marktüblich," it implies the price is what would typically be charged by sellers of similar goods or services in the same market. Similarly, in competition law, marktüblichkeit helps determine if certain business practices are anti-competitive. If a practice deviates significantly from market norms and harms competition, it may be deemed unlawful.

In real estate, marktüblichkeit is crucial for determining the fair market value of a property. This involves comparing the property to similar ones that have recently been sold in the same area. Factors considered include size, condition, location, and amenities. The principle ensures that transactions are based on realistic market expectations rather than arbitrary valuations. Overall, marktüblichkeit serves as a benchmark for assessing what is considered normal and reasonable within a given market.