Das Dogma vom formgerechten Zugang

According to the doctrine on legal transactions, a contract is concluded when its acceptance reaches the offeror. However, according to consistent case law in Germany, this is not the case if the acceptance (or the general declaration of interest) does not reach the addressee in keeping with the special formal requirements that apply to the contract (or juridical act in general). A. Daniel Moussa examines this prevailing opinion and develops an alternative solution which is based on a clear distinction between the coming into existence of a contract and its effectiveness.