Vereinbarung

Vereinbarung is a German term meaning an agreement or arrangement between two or more parties. It is used across everyday language as well as in legal and administrative contexts to describe the terms on which parties cooperate, settle disputes, or modify existing relations. A Vereinbarung can be informal or formal, written or oral.

Etymology: The word derives from vereinbaren, to agree or arrange, with the suffix -ung turning the verb into a noun. The term emphasizes the act of agreeing and the resulting set of terms, rather than a specific form or institution.

Legal scope: In civil law, a Vereinbarung can create rights and obligations. It can function as or be part of a contract (Vertrag), but not every Vereinbarung is legally binding. To be enforceable as a contract, it typically requires mutual consent, a lawful purpose, and an adequate object, and may require formalities in specific contexts, such as confidentiality agreements or settlement agreements.

Typical examples include price or delivery terms established by agreement, employment or tenancy arrangements settled by mutual consent, and specialized agreements like Geheimhaltungsvereinbarungen (non-disclosure agreements) or Vergleichsvereinbarungen (settlement agreements). The form—written or oral—depends on jurisdiction and the nature of the arrangement.

Related terms: Abmachung, Abkommen, and Übereinkommen. In international and business contexts, Vereinbarung is commonly used to describe negotiated terms that do not necessarily constitute a formal contract, but may become binding if the parties intend and formalize them.