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Save the “mittelstand”: how German courts protect small and medium-sized enterprises from unfair terms

Abstract:

Abstract: This article discusses the appropriateness of controlling standard terms in business-to-business (B2B) contracts. Using the example of Germany, where the Civil Code explicitly allows the control of B2B standard terms, it finds evidence that courts tend to use this control to favour small and medium-sized enterprises (the Mittelstand) in relation to bigger companies. This approach is questionable. It is suggested here that the rationale of standard terms control is not to compensate ...

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Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
St Hilda's College
Role:
Author
Publisher:
Kluwer Law International Publisher's website
Journal:
European Review of Private Law Journal website
Volume:
25
Issue:
2
Pages:
313-336
Publication date:
2017-05-01
Acceptance date:
2017-01-31
ISSN:
0928-9801
Language:
English
Keywords:
Pubs id:
1122566
Local pid:
pubs:1122566
Deposit date:
2021-03-28

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