Das Verbot der geltungserhaltenden Reduktion

The principle of not preserving the validity of an unfair provision in standard terms of business by means of rectification remains generally accepted. This is despite the questionable suitability of such an all-or-nothing legal outcome, amidst a trend towards ever-increasing control of content, and even its contradiction of the statutory system of legal consequences. Katharina Uffmann investigates the viability of this principle, and provides a fresh, methodologically-grounded answer to the hotly debated question of whether a judge should be allowed to remedy the invalidity of such provisions.