Verbal Agreement auf Deutsch: Understanding the Basics
A verbal agreement, or mündliche Vereinbarung in German, is a contract that is made orally rather than in writing. While it is possible to make a verbal agreement, it is always better to have a written agreement since it provides evidence of the agreement and helps to prevent misunderstandings or disputes. However, in some cases, a verbal agreement may be the only option available, and thus it is essential to understand the basics of verbal agreements in German.
Types of Verbal Agreement
There are two types of verbal agreement: simple and conditional. A simple verbal agreement is one where both parties agree to do something without any conditions attached. For example, if you agree to meet a friend at a certain location and time, then that is a simple verbal agreement. A conditional verbal agreement, on the other hand, is one where certain conditions must be met before the agreement is valid. For example, if someone tells you that they will pay you for a service only once they receive the payment from their client, then that is a conditional verbal agreement.
Enforceability of Verbal Agreement
In German law, verbal agreements are binding and enforceable, just like written agreements. However, the burden of proof lies on the party who claims that the agreement was made. This means that if there is a dispute, the party who claims that the verbal agreement was made must provide evidence that it was made and what the terms of the agreement were.
It is important to note that some types of agreements in German law must be made in writing, such as contracts for real property, personal property worth over EUR 500, and employment contracts. If these types of agreements are made verbally, they are not binding and enforceable.
Tips for Verbal Agreements
To avoid misunderstandings or disputes, it is always best to have a written agreement. However, if you must make a verbal agreement, here are some tips to help ensure that the agreement is clear and enforceable.
1. Be clear about the terms of the agreement and make sure that both parties understand them.
2. Make sure that both parties are present when the agreement is made.
3. Document the agreement in writing as soon as possible to provide evidence of the agreement. This can be done through email or text message.
4. If the agreement is conditional, make sure that the conditions are clearly stated.
Conclusion
Verbal agreements are an essential aspect of business and personal relationships. While it is always best to have a written agreement, verbal agreements can be binding and enforceable in German law. By understanding the basics of verbal agreements in German, you can protect yourself and your interests in any verbal agreement that you make.