Re: Some licensing questions regarding celestia
Rick Moen schrieb/wrote:
> You're saying there are _no_ other required elements of contract
> formation under German law? That seems very difficult to believe.
...
> Are you saying that parties to German contracts aren't required to have
> the legal capacity to enter into contracts? Are they binding against
> infants?
It *is* necessary. But capacity is usually not cited as a requirement
but lack of capacity as an impediment. The difference is only in
terminology.
What is not needed from your list is:
Communication of the offer to the other party (can be waived).[1]
Consideration (completly missing).
Genuineness of assent (contract is valid but can be rescinded).
Please also note that a form is only necessary in very rare cases
(contracts on real property and debt guarantees are the most common
examples).
Claus
[1] This can be very interesting for software licences.
--
http://www.faerber.muc.de/ -- http://www.bayern-gewinnt.de
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