Private law
Civil law – also known as private law – is the legal field regulating legal relationships between private individuals, thus determining all conceivable types of contract. Civil law also covers trade law, company law, labour law and real estate law. Civil law primarily deals with contract law and traffic law and all the issues related to liability law.
Legal issues affecting purchase contracts
Purchase contracts are concluded almost every day without people really noticing, in the supermarket, on the internet etc. We usually only become aware of it when the customer fails to pay or if the goods are not acceptable. Lawyers then have to determine “who can demand something from whom”. In many cases, it makes a difference if contracts are concluded between private individuals, between companies or between private individuals and companies – with regard to claims (e.g. consumer´s right of cancellation), and also, for example, with respect to the burden of proof in the proceedings.
In addition, General Terms and Conditions (GTC) are frequently applied for purchase contracts. It´s best to pay attention here: when concluding purchase contracts for large amounts (e.g. car purchase), GTC should be very carefully checked – for private and for business purposes! Companies should also make sure that GTC are drawn up in accordance with their own business model.
Contracts for work & service contracts
In addition to the purchase contract, contracts for work and service contracts are the types of contract most frequently used for private and business purposes. Very often it is not easy to ascertain whether a contract is a contract for work or a service contract, or a contract containing elements of both. Why is this important? Depending on whether a contract for work or a service contract were entered into, rights and duties differ with respect to their fulfilment, or when contractual obligations are violated (defective work) and their consequences (withdrawal or termination, compensation etc.)
Travel law
Holidays do not always fulfil the promises made in the travel brochure. Descriptions of package tours are often unclear to laypersons, who are then greatly surprised after arriving at the holiday destination – unfortunately in a negative way. This is why it makes sense to have the corresponding contract checked before you embark on long journeys or trips abroad, and to be informed about what to do in case deficiencies arise during the trip, to prevent being deprived of your rights by the travel operator. Upon your return from the trip, it may be important to assert your claim on the basis of deficiencies arising during the trip in good time (reduction in travel price etc.).
Street traffic law
Traffic law deals with a lesser extent with contractual claims, instead focusing on (legal) liability and, e.g. compensation (for damage to the vehicle or rental car costs etc.) or injury damages after an accident. The basis for compensation and injury damages after an accident is the law – the Civil Code – usually combined with traffic law regulations.
Nevertheless, contractual law can apply here too: for example, when the question arises as to which costs insurers must bear and compensate to the insured party. The insurance contract determines this to a high degree.
