Schriftform

Schriftform is a term in German civil law referring to the written form prescribed for certain declarations and legal transactions. It serves to ensure authenticity, evidentiary value, and clarity by requiring a document that makes the declaration publicly verifiable. The concept is embedded in the German Civil Code (BGB) and underpins the validity of a range of contracts and administrative acts.

Definition and main rule: Schriftform generally requires a written document that bears the declarant's handwritten signature. The signature verifies that the person intended and authorized the declaration. A declaration lacking the required handwritten signature is typically ineffective for the purposes of the form, unless the relevant statute provides a cure or an alternative form.

Relation to other forms: German law distinguishes Schriftform from Textform, Elektronische Form, and notarial or Beurkundung. Textform allows form without a handwritten signature (for example, a text, email, or fax) when expressly permitted. Elektronische Form relies on electronic signatures or other approved methods. Some acts, such as certain real estate transactions or corporate acts, may require a higher standard of form (for example Beurkundung by a notary).

Practical implications: For contracts and declarations where Schriftform is prescribed, parties should ensure the document is prepared and signed in accordance with the rule to avoid invalidity or enforceability problems. The use of alternative forms, agreements, or accompanying instruments can influence enforceability and evidentiary weight in disputes.