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Fictitious acceptance due to default in acceptance
Acceptance of the finished work is the main obligation of the customer who has commissioned the work from the contractor. It is however not uncommon
Prohibition of set-off in general terms and conditions invalid
Occasionally it happens that the purchaser of a service has claims for payment against the service provider. For example, claims for damages that have arisen
Current judgements in capital investment law
The Federal Court of Justice (BGH) again had to decide on liability issues in the area of capital investment law in 2021 and was able
Consumer loan law is applicable to an accession of a debt
The Federal Supreme Court (BGH) has confirmed its previous case law according to which consumer loan law applies accordingly to the accession of a debt
Current court rulings in building law
In 2021, there were again building law judgments from a number of higher regional courts, which revolved around disputes about the remuneration for construction work.
In the case of defective properties, the time at which the purchase contract is concluded is decisive
The Federal Court of Justice (BGH) had to decide in a case which was based on the purchase of built-up land, whether verifiably false information