Unless provided otherwise, no form needs to be observed in legal dealings.

In pre-contractual dealings, parties must act in accordance with good faith.

(1) A party is free to negotiate and is not liable for failing to reach an agreement.

(2) However, a party who has conducted or discontinued negotiations contrary to good faith is liable for loss caused to the other party.

(3) In particular, a party acts contrary to good faith if it enters into or continues negotiations with no real intention of reaching an agreement.

A contract is concluded if the parties intend to be legally bound, and they reach a sufficient agreement.

(1) A contract can be concluded by the acceptance of an offer in accordance with the following provisions.

(2) The rules in this chapter apply accordingly when the process of conclusion of a contract cannot be analysed into offer and acceptance.

(1) Where the meaning of a term is unclear, that term is to be interpreted against the party who supplied it.

The creditor must exercise its rights to performance and remedies for non-performance in accordance with good faith.

The debtor and the creditor must co-operate with each other to the extent that this can reasonably be expected for the performance of an obligation.

Referring Principles/Related Documents

Referring Principle: No. I.1.1 - Good faith and fair dealing in international trade
Referring Principle: No. IV.2.1 - Contractual consent
Referring Principle: No. IV.4.1 - Principle of informality
Referring Principle: No. IV.5.4 - Interpretation against the party that supplied the term
Referring Principle: No. IV.6.8 - Duty to notify / to cooperate
Referring Principle: No. IV.8.1 - Principle of pre-contractual liability