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Fachwort
Deutschcontractual Grundwort fehlt
Fachbebietfehlt Trennung: contractual
Inhaltfehlt Status:
Worttyp fehlt
Division 2 Drafting contractual obligations by means of standard business terms* ) * ) Official note : This provision also serves to implement Directive 93/13/EEC of the Council of 5 April 1993 on unfair terms in consumer contracts ( OJ L 95 , p . 29 ) .
BGB 305. 1 Standard business terms are all contract terms pre-formulated for more than two contracts which one party to the contract ( the user ) presents to the other party upon the entering into of the contract . It is irrelevant whether the provisions take the form of a physically separate part of a contract or are made part of the contractual document itself , what their volume is , what typeface or font is used for them and what form the contract takes . Contract terms do not become standard business terms to the extent that they have been negotiated in detail between the parties .
BGB 309. R to refuse performance ) a provision by which a)the right to refuse performance to which the other party to the contract with the user is entitled under section 320 , is excluded or restricted , or b)a right of retention to which the other party to the contract with the user is entitled to the extent that it is based on the same contractual relationship , is excluded or restricted , in particular made dependent upon acknowledgement of defects by the user ;
BGB 309. C penalty ) a provision by which the user is promised the payment of a contractual penalty in the event of non-acceptance or late acceptance of the performance , payment default or in the event that the other party to the contract frees himself from the contract ;