Title 21 Settlement (Section 779)

Last Updated on June 28, 2021 by LawEuro

German Civil Code (BGB) German law

Title 21
Settlement

Section 779
Concept of settlement; mistake as to the basis of the settlement

(1) A contract by which a dispute or uncertainty of the parties with regard to a legal relationship is removed by way of mutual concession (settlement) is ineffective if the fact situation used as a basis according to the contents of the contract does not correspond to reality and the dispute or uncertainty would not have occurred if the facts had been known.

(2) It is equivalent to uncertainty about a legal relationship if the realisation of a claim is uncertain.

Table of contents (German Civil Code)