Which purposes should statutory form requirements serve? Both English and German law provide form requirements for long-term lease agreements, but the underlying rationales differ. While in English law they protect the contracting parties, in Germany the main rationale is to create a written contract as a source of information for potential buyers of the property. To protect buyers from unknown lease terms, long-term lease agreements without a properly written contract can be terminated, regardless of the remaining term. In practice, this remedy is mainly used by the original parties to the lease in order to escape burdensome lease agreements. The German Federal Council (Bundesrat) has initiated a controversial legislative reform in December 2019 that places even greater emphasis on protecting potential buyers through statutory form requirements. To strengthen legal certainty, a more fundamental reform proposal is needed, and English law can provide guidance.

To register for this seminar please complete the form below. A link will be sent in advance of the meeting. (Note that registration closes at 4pm on 27 May.)

Please note that IECL discussion group meeting are normally open only to researchers affiliated with the IECL or members of the Oxford Law Faculty. If you have a special interest in one of the topics being discussed and would like to request being admitted to the event as an ouside guest attendee, please get in touch with Professor Birke Häcker in advance of the meeting.

Registration Form