Private Law

Conditions for validity of contract

Consensus

Form requirements

Permissible content: not unlawful/immoral/impossible

Capacity to act (Handelsfähigkeit)

Conclusion of contracts

1. Offer

2. 2. Acceptance

Natural consensus

Actual intents of parties match

Normative Consensus

A reasonable thrid party would understand same as parties.

Hidden Dissent

A reasonable thrid party would NOT understand same as parties.

Open Dissent

Declarations of intent DONT match

TREK Powerfly 7 FS Plus concluded (actual intent matches)

essentialia negotii

Consensus only needed for essential elements of contract

Contract invalid if…(3)

impossible

unlawful

immoral

Special form required

Simple written form (handwritten signature)

Qualified written form (+declarations handwritten, ex. testament)

Public deed (+notarization, ex. real estate)

Grounds for creation of obligations

Legal transaction (=> contract)

Tort (non-contractual claim, ex. accident, he has to pay for everything)

Rights and obligations of a person

In Sports Lts., Ms. Smith negotiates with Patrick. Who is her contractual partner?

Sports Ltd.

Capacity to act

Person of age (18+)

Capable of judgment

Limited incapacity to act

Capable of judgement

Lack of capacity to act, ex. minors

Incapable to act

very old/ very young/ very drunk

null and void

contract is not fulfilled

Sandro (17) buys Rolex (12’800.-)

The contract is…

pending (parents’ agreement needed)