Die Inhaltskontrolle von Betriebspflichtklauseln in Centermietverträgen anhand des § 307 Abs. 2 Nr. 1, Abs. 1 S. 1 BGB

This study examines the effectiveness of business operation clauses, which are of great practical relevance in commercial tenancies. Such clauses are primarily included in standard form contracts concerning retail premises in shopping centres and have not yet been subject to a comprehensive review in either case law or legal literature. Although the tenant’s obligation to maintain the premises can place a considerable (financial) burden on them, its validity has historically been accepted almost without question. This thesis discusses in detail both fundamental issues of tenancy law and the review of contract terms under Sec. 307 of the German Civil Code (BGB) while establishing new standards – extending beyond business operation clauses.