JTJB Network Legal Update October 2018
I. The “Flaw” of German Law
German private contract law bears one feature that makes it partly unattractive to parties to agree on its applicability on their choice of law clause in international contracts:
This “flaw”, if you would like to call it like that, is that the regulations on unfair contract terms (UCT), which originally developed on the doctrine of good faith to protect the weaker party of a contract and based today on an European Directive, apply to their largest extent not only to B2C contracts but also between commercial people.…