Thomas Ackermann highlights a fundamental problem of jurisprudence on general terms and conditions; namely that the legislator has fallen into the much-cited "GTC trap" set by the German Federal Court of Justice. When he introduced the principle of fault-based liability for the legal validity of receivables, he referred parties to guarantees, ignorant to the de facto impossibility of this suggestion.
Thomas Ackermann highlights a fundamental problem of jurisprudence on general terms and conditions; namely that the legislator has fallen into the much-cited "GTC trap" set by the German Federal Court of Justice. When he introduced the principle of fault-based liability for the legal validity of receivables, he referred parties to guarantees, ignorant to the de facto impossibility of this suggestion.
Thomas Ackermann
Legimitation Inhaltskontrolle Garantien Gewährleistung Gestaltungsbedarf Verschulden