Stephan Seiwerth
Gibt es einen besonderen »objektiven« Auslegungsmaßstab für AGB?
Section: Abhandlungen
Published 19.08.2025
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- 10.1628/acp-2025-0010
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According to the prevailing legal doctrine in Germany, general terms and conditions are not to be interpreted like contracts, but like laws. The article challenges this traditional view and argues that the fact that the user of standard terms often intends to use them on a mass scale does not make his contracts law-like. Furthermore, there is no need for a special rule of interpretation because in the vast majority of cases the interpretation of contracts in general is also based on an objectified standard. If there are relevant individual circumstances which the user of the standard terms has created himself, there is no justification for ignoring them.