Situationsadäquate Vertragskontrolle

Fixed-term contracts in labour and residential tenancy law are subject to rigid standards of review. Prevailing opinion extends these standards to cases where open-ended contracts are later converted to fixed-term contracts and, consequently, to termination agreements that do not end the contract immediately but at a future date. Agreements terminating the contract with immediate effect, however, are largely exempt from review, despite having harsher consequences for the employee or tenant. The resulting contradiction should be resolved by exempting time limitations agreed upon after the initial contract is concluded from fixed-term review.