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 Genuineness of assent (contract is valid but can be rescinded).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
