The basic principle of freedom of contract is applicable here as the most distinguishing feature of private autonomy. All citizens have the right to enter into contracts for any legal purpose they desire. The German Civil Code (BGB) offers certain standard types of contracts to choose from, but also grants the freedom to create entirely new contracts. What constitutes the basis of a contractual relationship as well as the reason for its coming into being, is the voluntary decision of the parties to assume certain obligations as they so define.
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© 2008 Springer-Verlag Berlin Heidelberg
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Luber, M. (2008). The Law of Contracts. In: Wendler, M., Tremml, B., Buecker, B. (eds) Key Aspects of German Business Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-540-68577-7_6
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DOI: https://doi.org/10.1007/978-3-540-68577-7_6
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