“Changes Must Be in Writing”

German contracts often end with a Schriftformklausel, a written-form clause: Änderungen und Ergänzungen dieses Vertrags bedürfen zu ihrer Rechtswirksamkeit der Schriftform. Changes and additions to this contract must be in writing to take effect. Many add a second sentence: the written-form requirement itself can only be lifted in writing. The law sets a limit. An individual agreement takes priority over standard terms, and a simple written-form clause can be waived without writing. In 2008 the Federal Labor Court held a doubled clause in a standard employment contract invalid, because it could mislead employees about the force of oral agreements.

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