Helmut Heiss
Formmängel und ihre Sanktionen
Eine privatrechtsvergleichende Untersuchung
[Defects of Form and Their Sanctions. A Study in Private Comparative Law. By Helmut Heiss.]
1999. 543 pages. unrevised e-book edition 2022; original edition 1999. Price for libraries
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Section 125 of the BGB (German Civil Code) declares contracts that lack legally required formalities to be void. In this work, the author shows that voidness is neither required by the very nature of formal rules nor is it necessary in order to enforce such provisions. Voidness is described as relative in the sense that only the protected party may plead lack of formality. Referring to substantial compliance theories found in the Anglo-American legal systems, the author argues that minor non-compliances with formal requirements must not necessarily be sanctioned. Further exceptions are made on the grounds of estoppel.