vertrag

Vertrag is a legally binding agreement between two or more parties that creates, modifies, or extinguishes rights and obligations. In German law, contracts are governed primarily by the Bürgerliches Gesetzbuch (BGB). A contract is formed through an offer (Angebot) and an acceptance (Annahme) that reflect a mutual will (Willenserklärung). The declarations must be communicated to the other party (Zugang), and contracts can also arise by conduct (konkludente Willenserklärung). Formation requires legal capacity and free, true consent. Minors or persons with limited capacity may contract only under specific rules (for example, the Taschengeldparagraph § 110 BGB). Representation by agents is common.

Form requirements: Most contracts do not require a special form, but some agreements must be in writing or notarized by law (Schriftform or Notarisation). This is the case for certain transactions involving real property, certain corporate or inheritance-related arrangements, and similar matters.

Typical contract types: Kaufvertrag (sales contract), Mietvertrag (tenancy), Dienstvertrag (service contract), Werkvertrag (work contract), and Arbeitsvertrag (employment). The concrete rights and obligations depend on the contract type and on general rules of obligation, good faith, and the applicable statutory provisions.

Breaches and remedies: If a contract is breached, the non-breaching party may seek performance, damages, or termination of the contract. Defects in performance may trigger Gewährleistung (warranty) and, in some cases, rescission. Many claims are subject to statutory limitation periods.