Salvatorische

Salvatorische is an adjective used in contract law, primarily in German-language contexts, to describe provisions intended to preserve the validity of the remainder of an agreement if one clause is found to be invalid or unenforceable. The most common form is the salvatorische Klausel, known in English as a severability or saving clause.

A severability clause typically states that if any provision of the contract is invalid or unenforceable, the remaining provisions shall continue in effect. It often adds that the invalid provision shall be replaced by a valid provision that most closely reflects the parties’ original intent and economic purpose, or that the parties will renegotiate to achieve a comparable effect.

Rationale and effect: The clause helps prevent the entire contract from collapsing due to a single defective provision, promoting contract stability and continuity of performance. It also provides a mechanism for preserving the contract through reformulation or substitution of the invalid part, though the exact result depends on the governing law and the contract’s wording. In some jurisdictions, the remaining valid provisions operate independently, and the court may substitute a new provision or, if substitution is impossible, allow termination of the contract.

Etymology and usage: Salvatorische derives from the Latin root related to saving or preserving and is mainly used in German-language legal discourse. Its English equivalents include severability clause or saving clause, with similar function across many civil-law jurisdictions.