AGB-Kontrolle versus Individualvereinbarung

It is of great importance when formulating a contract to know whether or not one of the terms is subject to the unfairness test for preformulated contract clauses. In this work, the author defines the scope of individually negotiated contract clauses which are not subject to the judicial unfairness test. He discusses this subject from the perspective of constitutional law, legal theory and European law, and presents a concept which leaves more room for agreements not subject to control, especially in business transactions, but also considers the requests of consumer protection. The author's approach, which includes typical cases, is compared to the judgments of the Federal Court of Justice.