Section 154 of the German Civil Code says: Solange nicht die Parteien sich über alle Punkte eines Vertrags geeinigt haben, über die nach der Erklärung auch nur einer Partei eine Vereinbarung getroffen werden soll, ist im Zweifel der Vertrag nicht geschlossen. As long as the parties have not agreed on every point that even one of them wants settled, the contract is, in case of doubt, not concluded. The next sentence adds that agreement on single points is not binding, even if it has been written down. One side only has to name a point as open. Until that point is settled, there is no contract.
Words for Rejecting Someone
jemandem einen Korb geben
To give someone a basket. Duden defines Korb in this sense as a negative answer to an offer or to a proposal of marriage. One of its examples comes from politics. Die FDP gab der CDU in den Koalitionsverhandlungen einen Korb. The FDP rejected the CDU in the coalition talks. Duden traces the phrase to an old custom. A rejected suitor received a small basket without a bottom.
abblitzen
To be turned away, to find no favor. Sie ist bei ihm abgeblitzt. He rejected her.
nicht in die Tüte kommen
Not to go into the bag. Duden defines it as to be out of the question. Das kommt nicht in die Tüte! That is out of the question!
The President’s No
A German federal law takes effect only after the Federal President has signed it. Before he signs, the president checks whether the law was passed properly and whether it agrees with the Basic Law. The data handbook of the Bundestag lists eight laws that presidents refused to sign. In 1991, Richard von Weizsäcker refused a law that would have privatized the federal air traffic control agency. In 2006, Horst Köhler refused two laws. One would have privatized the German air traffic control company. The other gave the municipalities new tasks in consumer information. The Basic Law forbids the federal government to assign tasks to municipalities in this way.
As Long As I Live
In June 2012, the euro crisis was at its height. Before a European summit at the end of the month, several governments called for jointly issued euro bonds. On 26 June, Chancellor Angela Merkel met the members of parliament of her coalition partner, the FDP. According to participants quoted by Reuters, she told them that there would be no total joint liability for debt solange ich lebe, as long as I live. The day before, she had called shared liability for euro zone debt economically wrong and counterproductive.
Three Olympic Votes, Three Times No
On 10 November 2013, voters in Munich, Garmisch-Partenkirchen and the districts of Berchtesgadener Land and Traunstein decided on a bid for the 2022 Winter Olympics. All four said no. In Munich, 52.1 percent voted against the bid. On 29 November 2015, Hamburg voted on a bid for the 2024 Summer Games. The result was 51.6 percent no. On 31 May 2026, Hamburg voted again, this time on a bid for the Games of 2036, 2040 or 2044. According to the official final result, 55.1 percent voted no. First Mayor Peter Tschentscher then informed the German Olympic Sports Confederation and Germany’s member of the International Olympic Committee. He told them dass Hamburg seine Olympia-Bewerbung zurückzieht, that Hamburg is withdrawing its Olympic bid.
No Sales Calls Without a Yes
In Germany, a company may call a consumer for advertising only if the consumer has agreed in advance. The rule is Section 7 of the Act Against Unfair Competition. The Federal Network Agency explains it on its website. Jeder, der Sie zu Werbezwecken anrufen möchte, muss zuvor Ihre ausdrückliche Einwilligung einholen. Anyone who wants to call you for advertising must first obtain your express consent. The company must record the consent at once and in detail, and it must show the record to the agency on request. Fines can reach 300,000 euros. A consumer does not have to say no to such a call. Without an earlier yes, the call is already unlawful.
Goods Nobody Ordered
A company sends a consumer goods he never ordered, together with an invoice. Under German law, the consumer owes nothing. Section 241a of the Civil Code says that such a delivery wird ein Anspruch gegen den Verbraucher nicht begründet, creates no claim against the consumer. His silence is not a yes. The company cannot demand payment. As a rule, it cannot demand the goods back either. There is one exception. Sometimes the goods were meant for someone else, or the company wrongly believed that there was an order. If the consumer knew this or should have known it, legal claims remain. The rule cannot be changed by contract to the consumer’s disadvantage.
Refused in Writing, With Reasons
In a German company with more than twenty employees entitled to vote, the employer needs the works council’s consent before it hires or transfers someone. This is Section 99 of the Works Constitution Act. The works council may refuse. It must do so in writing, within one week, and it must give reasons. The law lists the grounds it may use. If the works council does not refuse within the week, its consent counts as given. A refusal stops the hiring for the time being. The employer can then ask the labor court to replace the missing consent. In this setting, a German no is not the end of the matter. It comes with reasons that a court can examine.
A Yes That Becomes a Debt
die Verbindlichkeit
Binding force. Duden’s example is diese Regel hat für mich keine Verbindlichkeit, this rule does not bind me. In business language, the plural Verbindlichkeiten means debts. Verbindlichkeiten eingehen means to take on debts.
die Zusage
Duden gives two meanings. It is a positive answer to an invitation. It is also an assurance that one will act as the other person wishes in a certain matter.
versprechen
To promise.
sich versprechen
To make a slip of the tongue. Duden defines it as saying something other than one intended. With sich, the verb for a promise names a word that came out wrong.
A Yes on the Phone Is Not Enough
German households can buy electricity or gas from the local default supplier, or they can sign a contract with another supplier. For the second kind, the Energy Industry Act sets a form. Section 41b says: Energielieferverträge mit Haushaltskunden außerhalb der Grundversorgung und deren Kündigung durch den Energielieferanten bedürfen der Textform. Energy supply contracts with household customers outside the default supply, and their cancellation by the supplier, require text form. The contract must exist as a readable text that can be stored, such as a letter or an e-mail. A yes spoken on the phone does not meet this requirement. The same section also obliges the supplier to confirm a customer’s cancellation in text form within one week.