Ruth M. Janal

Gewerberaummietvertrag in Textform

Rubrik: Aufsätze
Jahrgang 18 (2026) / Heft 2, S. 235-262 (28)
Publiziert 22.09.2026
DOI 10.1628/zge-2026-0009
Beschreibung
Under the former German law, commercial fixed-term lease agreements were required to be concluded in writing, lest the fixed term was considered invalid. This form requirement was originally designed to protect purchasers of real estate. Over time however, even minor formal deficiencies allowed either party to the agreement to terminate the lease prematurely. In an effort to streamline procedures and reduce bureaucratic hurdles, the written form requirement has now been replaced with the so-called text form. This contribution argues that the transition to digital formats may give rise to new legal uncertainties, but also offers a number of practical advantages.