Formfreiheit und Formvorschriften (+ Unterschied notarielle Beglaubigung & notarielle Beurkundung)

Summary

This video explains the concept of 'Formfreiheit' (freedom of form) in legal transactions, highlighting the importance of specific formal requirements for certain contracts. It outlines three main types of formalities: 'Schriftform' (written form), where contracts must be written and signed; 'notarielle Beglaubigung' (notarial certification), where a notary confirms the authenticity of signatures; and 'notarielle Beurkundung' (notarial certification and authentication), where both the content and signatures are verified. These formalities apply to various legal actions like property transactions, employment contract terminations, and marriage agreements, ensuring legal validity.

Takeaways

• 😀 Form freedom allows for legal transactions to be made without a strict formal requirement in most cases.
• 😀 Not all legal transactions are free from formality; some require specific formal procedures.
• 😀 Schriftform (written form) is required for certain contracts like lease agreements longer than one year and employment contract terminations.
• 😀 A verbal or informal termination of a contract, such as shouting 'I quit!' is not legally valid without Schriftform.
• 😀 Schriftform is also necessary for legal documents like wills and surety agreements.
• 😀 Notarielle Beglaubigung (notarial certification) only verifies the authenticity of signatures, not the content of the document.
• 😀 Notarielle Beglaubigung is used for formal processes such as land registry entries and commercial register listings.
• 😀 Notarielle Beurkundung (notarial authentication) involves certifying both the signatures and the content of the document.
• 😀 Notarielle Beurkundung is required for contracts involving property sales and marriage agreements.
• 😀 Knowing the specific form requirements for different contracts ensures that legal transactions are valid and enforceable.
• 😀 Legal transactions must adhere to form requirements to avoid disputes or invalid agreements, making it essential to follow the correct procedure.

Q & A

What is meant by 'form freedom' in legal transactions?

Form freedom refers to the principle that, in most cases, legal transactions can be conducted informally, without the need for a prescribed format, such as a written document or specific formal procedure.

Can you give an example of a legal transaction where form freedom applies?

An example of a legal transaction with form freedom is buying an item in a supermarket, where no specific formalities are required.

When is a legal transaction subject to formal requirements?

Certain legal transactions require formalities to be met, such as written contracts, notarization, or certification. These requirements ensure the validity of the transaction and are typically enforced for important or complex agreements.

What does 'written form' mean in the context of legal transactions?

Written form requires the content of the contract to be documented in writing and signed by both parties. It is necessary for contracts such as long-term rental agreements or employment terminations.

What happens if a contract that requires written form is made verbally?

A verbal contract that requires written form is not valid. For example, an employee shouting 'I quit' in an office would not constitute a valid termination without the proper written documentation.

What is notarial certification, and when is it required?

Notarial certification is when a notary confirms the authenticity of the signatures on a document, but does not evaluate the content. This is required in cases such as property registration or entries in the commercial register.

What is the difference between notarial certification and notarial authentication?

Notarial certification only verifies the authenticity of the signature, while notarial authentication involves both certifying the signature and confirming the content of the contract. The latter is required for transactions such as real estate purchases or prenuptial agreements.

What is an example of a legal transaction requiring notarial authentication?

An example of a transaction requiring notarial authentication is a property sale contract or a prenuptial agreement, where both the signature and the content must be certified by a notary.

In what cases is a legal transaction not valid without following formal requirements?

Legal transactions like property contracts or employment terminations are not valid unless the required formalities, such as written documentation, notarization, or authentication, are followed.

What is the importance of formal requirements in legal transactions?

Formal requirements ensure the authenticity and validity of important legal transactions. They protect the parties involved by providing clear documentation and preventing disputes over the terms and agreements.