Bank guarantee case

2021-09-29 07:17:14

The Bank guarantee case or Bürge BVerfGE 89, 214 is a German contract law case, concerning the interpretation of private law, and particularly the law of contract, in a way that is compatible with basic human rights principles. It was held that the power of freedom of contract must be interpreted in a way that protects people's genuine autonomy, in those situations where there is a structural inequality of bargaining power.

The Bank guarantee case or Bürge BVerfGE 89, 214 is a German contract law case, concerning the interpretation of private law, and particularly the law of contract, in a way that is compatible with basic human rights principles. It was held that the power of freedom of contract must be interpreted in a way that protects people's genuine autonomy, in those situations where there is a structural inequality of bargaining power.
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