Richtiger Vertrag und lauterer Wettbewerb

Matthias Leistner examines the complex relationship between German and European contract law and unfair competition law. Based on the principle of equality, he develops a model which makes it possible to align legal standards in both fields of law. This reflects the process of the increasing de-individualization and institutionalization of contract law as well as the increasing significance of the protection of the contracting party as an objective of the reformed and liberalized Unfair Competition Act. The principle of equality makes it possible to make a large number of practical deductions, and thus it could set the pace for a further liberalization of unfair competition law, for the development of the doctrine of culpa in contrahendo and for a just interpretation of the new liability for information given in advertisements in the law relating to the sale of goods.