Non disclosure agreements
In advancee to the negotiations a NDA has to be implemented.
Basic contractual stipulations in German contract law
An increasing number of disputes are arising out of business relationships. Conflicts are carried out to a greater extent without amicable arrangement.
To be in a favourable starting position, it is mandatory to have a solid basis for a claim.
Important questions from a legal point of view are:
- does a valid contract exist?
- which are the contracting parties?
- are services/deliveries in the design phase / delivery phase performed on basis of a valid contract?
- change management,
- warranty,
- liability,
- applicable law.
General Aspects of Contractual Law - Principle of Precedence
- Individual Agreement - supersede General Terms,
- General Terms - have priority to conditions of law,
- Law - applies as far as individual agreements and General Terms are silent.