marktüblichen

Marktüblich is a German term that translates to "customary on the market" or "usual in the market." It refers to a price, condition, or practice that is generally accepted and common within a specific market or industry. When something is described as marktüblich, it means it aligns with what is typically observed and expected by participants in that market. This concept is often used in legal and economic contexts to establish a benchmark for fairness and reasonableness.

For example, in contract law, a marktüblicher Preis is the price that a willing buyer would pay to a willing seller in an open and competitive market, assuming both parties are acting in their own best interests and have access to all relevant information. Similarly, marktübliche Bedingungen refer to the standard terms and conditions that are commonly applied in transactions within a particular sector. This helps to ensure transparency and predictability, as parties can rely on established norms rather than having to negotiate every detail from scratch. The determination of what is marktüblich can vary depending on the specific market, the nature of the goods or services, and prevailing economic conditions. Expert opinions or market surveys are often used to establish this benchmark.