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ARTICLE · 03 APRIL 2014

Compliance With Written Form In Case Of Undefined But Determinable Begin Of Lease

Mayer Brown
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With its July 24, 2013 decision, the Federal Court of Justice has confirmed its rulings of recent years for a practical interpretation of the written form requirement

GermanyReal Estate and Construction
Jürgen Streng
Jürgen Streng
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Keywords: tenancy, property, rental, lease

BGH (German Federal Court of Justice), ruling dated July 24, 2013 – XII ZR 104/12

With its July 24, 2013 decision, the Federal Court of Justice has confirmed its rulings of recent years for a practical interpretation of the written form requirement. With reference to rental start dates it has, based on a new configuration of its rulings, determined that it is sufficient if the start and end dates of the lease term are noted in a sufficiently clear way in the contract document at the time the contract is entered into (Ruling of February 24, 2010 IX ZR 120/06, NJW 2010, 1516 margin no.11 with further notes).

Facts

At issue was a lease with the following provisions:

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