Title 22. Promise to fulfil an obligation; acknowledgement of debt (Section 780 – 782)

Last Updated on June 28, 2021 by LawEuro

German Civil Code (BGB) German law

Title 22
Promise to fulfil an obligation; acknowledgement of debt

Section 780
Promise to fulfil an obligation

For a contract by means of which performance is promised in such a way that the mere promise is intended to establish the duty (promise to fulfil an obligation) to be valid, to the extent that no other form is specified, it is necessary for the commitment to be made in writing. The commitment may not be made in electronic form.

Section 781
Acknowledgement of a debt

For a contract by which the existence of an obligation is acknowledged (acknowledgement of debt) to be valid, the declaration of acknowledgement must be made in writing. The declaration of acknowledgement may not be made in electronic form. If another form is prescribed to create the obligation whose existence is being acknowledged, then the acknowledgement contract requires this form.

Section 782
No formal requirements for settlement

If a promise to fulfil an obligation or an acknowledgement of a debt is made on the basis of a statement of account or by way of a settlement, then observance of the written form specified in sections 780 and 781 is not required.

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