Vertragsgrundsätze

Vertragsgrundsätze refer to the fundamental principles that govern the formation, interpretation, and enforcement of contracts. These principles ensure fairness, predictability, and legal certainty in contractual relationships. While specific principles may vary slightly across different legal systems, several core concepts are universally recognized.

One primary principle is the "freedom of contract," which allows parties to freely negotiate and agree upon the terms of their contract, provided these terms are not illegal or against public policy. Another crucial principle is "pacta sunt servanda," meaning "agreements must be kept." This principle underscores the binding nature of contracts and the expectation that parties will fulfill their obligations as agreed.

The principle of good faith and fair dealing is also paramount. It requires parties to act honestly and with a reasonable degree of consideration for each other's rights and interests throughout the contractual process. Furthermore, contract interpretation generally follows a "plain meaning rule," where the language of the contract is interpreted according to its ordinary and common understanding. Where ambiguity exists, courts may consider extrinsic evidence to ascertain the parties' intent.

Finally, principles of contract enforcement ensure that breaches of contract are addressed. This typically involves remedies such as damages, specific performance, or rescission, aimed at putting the non-breaching party in the position they would have been had the contract been fully performed. These underlying principles collectively form the bedrock of contract law, facilitating commerce and personal agreements.