Conclusion of contract

  • Freedom of contract

    • Almost any content possible
  • Willingness to commit

    • The contracting parties must be willing to be bound
  • Genuine willingness to be bound

  • Conclusion through consent

    • two or more persons “intend” the same legal transaction

    • Legal capacity of the parties required

  • Form

    • Contracts are valid even if they were concluded verbally

    • Contracts can also be purely factual

    • Certain contracts must be concluded in writing