marktüblicher

Marktüblich is a German word that translates to "customary in the market" or "usual in the trade." It is a legal term often used in contracts and legal documents to refer to standard practices, prices, or conditions that are generally accepted within a particular industry or market.

The concept of marktüblich is important for determining the reasonableness and fairness of terms in a commercial agreement. For instance, if a contract specifies a price for goods or services, and that price is significantly higher or lower than what is considered marktüblich, it might be challenged as unfair or exploitative. Similarly, if a contract includes terms that deviate substantially from market customary practices without explicit agreement, those terms may be subject to legal scrutiny.

Courts and legal professionals often refer to market research, expert opinions, and industry benchmarks to establish what is considered marktüblich in a given situation. This ensures that commercial transactions are conducted on a level playing field, protecting parties from undue advantage or disadvantage. The principle of marktüblich encourages transparency and predictability in business dealings.