Reform der AGB-Kontrolle im B2B-Bereich

The case law on the control of standard terms in the B2B sector is now considered a serious competitive disadvantage of German contract law. Companies quite often choose foreign substantive law, among others, in banking and capital market law as well as in merger and acquisitions. The volume outlines the current case law on German law of standard terms with regard to B2B-transactions, systematizes and discusses reform proposals and submits an own regulation proposal to amend the German BGB. Among other things, the possibilities of a new exception for B2B-transactions, a change of the requirements for an individual agreement as well as the modification of the scale of content control in B2B-transactions are analysed. The volume is based, among other things, on a workshop at the University of Regensburg, in which the regulatory alternatives were intensively discussed with participants from science, administration and legal practice. Prof. Dr. Carsten Herresthal's research includes questions of banking and capital market law at the University of Regensburg.