German law normally requires the creditor to send a reminder before the debtor is formally in default. But where the parties have fixed a performance date by the calendar, no reminder is required at all — § 286 Abs. 2 Nr. 1 BGB. Default begins the moment the date passes.
The Latin maxim is quoted in German textbooks: dies interpellat pro homine — the day admonishes in place of the man.
A German who agreed a date does not expect to be chased, and the law agrees with him.
Under German law an acceptance that departs in content from the offer is not an acceptance at all. It counts as a rejection combined with a new offer — § 150 BGB. The same applies to an acceptance that arrives too late, and a rejection extinguishes the original offer outright under § 146 BGB.
Ja, aber is legally a no. The original offer is gone, and the roles reverse — the person who made the first offer is now the one deciding.
To avoid being bound, a German offer must carry an explicit disclaimer — freibleibend, without obligation, or ohne Obligo. The escape has to be stated. Silence does not preserve your freedom, it removes it, which is why Germans are careful about what they put in writing.
Under German law, whoever proposes a contract to another is bound by that proposal — unless he has expressly excluded the binding. The provision is § 145 BGB.
The default is commitment. Once the offer has reached the other side it cannot be withdrawn, and the recipient can bring the contract into existence by saying yes.
A German who makes an offer has already given something away.
Bonn. An online chat with the help desk at a major telecommunications company. It's about my mobile phone service.
German Company: "A hearty welcome to your personal online help, etc. You are speaking with Mike."
Magee: "Hi, Mike. I have an xyz contract. Can I add my 17-year old son to it?
Mike: "No. You son can only have his own contract after he turns 18."
That "No" struck me as rather direct, hard, immovable.
An "American Mike" would have written something like: "We would love to add your son to your contract. And we have all sorts of flexible ways for you to configure your family plan. To give your son, at age 17, his own contract is unfortunately not permitted by law. We apologize for the inconvenience. Would you like to hear about our family plan options?"
But the chat with Mike continued and he gave me helpful information and quickly. I was thankful.
If confronted with a yes-no question too early, Germans react instinctively with a no. They reject any form of pressure to commit to something.
Even after having provided in-depth information and advice to a potential customer the German salesperson will be careful not to ask the closing question "Do you want to buy?".
Instead they will state their continued availability to answer any and all additional questions. Germans are allergic to any form of direct selling. Hard selling has a particularly bad reputation.
German consumers avoid the pressure applied by direct sales by seeking out expertise in their network of personal and professional contacts, including using online social networks. Germans want to take their time before making decisions. An intelligent sales approach respectfully gives them that time.
The German 'no' can often come quickly, and seemingly without any consideration. The degree of hardness of that 'no' can vary, however. The most effective way to overcome a German 'no' is to first identify what the reasons are for it, then address them one after the other with convincing counterarguments.
'No' – for now. Germans, too, fear receiving a quick and hard no, from management, business partners and customers. It is not uncommon to receive such a 'no' from a customer, but then be invited to a dinner, during which the discussions address how the parties might at some point collaborate on a first project.
The hard and fast 'no' can become a flexible 'no', potentially even a 'yes'. The German 'no' is seldom a definitive rejection. Instead it indicates that something, some aspect, certain details are not (yet) right, so that a German cannot (yet) commit. No often means "I cannot say yes based on what we have discussed thus far". In such circumstances, Germans will actually use the word Jein, a combination of yes and no, signaling maybe.
If discussions about a possible agreement are not business-like or unfocused, Germans will readily exercise their veto. Or, if they have an alternative approach, they will reject the initial proposal, thereby affecting a change of course and eliminating unnecessary discussion.
Germans tend to be well prepared before deciding on whether to enter into an agreement, and assume that the other parties are too. Usually, they have a plan or proposal ready. Instead of explaining point for point why they reject a given proposal, they simply respond with a 'no'.
Because the 'no' can come fast and definitively, it can throw the non-German party off balance. One needs to remain calm and describe clearly the reasons for one's own proposal. If they are valid, the German partner will take them seriously and actively seek out the best approach, including a compromise.
Despite German reluctance to use follow-up, there are situations in which it is unavoidable: In order to stick to a well-defined plan; when the customer requests information; if work results are not delivered on time. The Germans prefer the term 'nachfassen' – literally, after hold. Or 'nachhaken' – literally, after hook or check.
Follow-up in Germany can be either negative or positive. Negative in the sense of control. Positive in the sense of support. Follow up – negative – questions one's ability and willingness to produce good work results. At the same time – positive – it is essential to checking technical details, getting necessary information, verifying due dates.
Organizations which are time-driven rely on follow up. News organizations are just one example. Any and all forms of logistics is another. Timing is critical. Schedules need to be met. Employees are under pressure. Deadlines are deadlines.
Follow-up can be supportive. An older, more experienced colleague can inquire in a friendly way about the status of another's work. A team lead who coaches her team well knows when and how to follow up by simply asking "How are things going? Can I help in any way?"
Follow-up by colleagues on a report, speech, or published article is positive. It means that they have taken sincere interest in your work. It also gives them an opportunity to demonstrate their competence by asking intelligent questions.
In German team meetings follow-up is the rule, not the exception. Open action items can be addressed directly. Team members establish a common baseline of information.
Finally, there is another very legitimate reason to use follow-up in Germany: If things are not going right, if an error has been detected, if the work is being performed improperly. In such cases there is only one course of action. Follow up, and fast!
The yea-sayer/ the nay-sayer is a so-called school-opera written by Bertold Brecht, Elisabeth Hauptmann and Kurt Weill in 1930. Initially it was titled The Yea-sayer, and the plot revolved around the question of whether an individual must be agreeable to sacrificing themselves for the good of society.
In the first version of the piece a boy gives ‘permission’ for his own execution. After a string of discussions with students and workers Brecht’s The Yea-sayer was modified into a second version, where the yea-sayer is presented in contrast to a nay-sayer.
This nay-sayer calls the blind obedience of the yea-sayer into question. The function of the yea-sayer has seen a variety of literary interpretations; perhaps the most common interpretation being that the character represents the expression of a false obedience with regard to authority and social norms.
Indeed, the term ‘yea-sayer’ has a negative connotation in the German culture. To be a yea-sayer means to say ‘amen’ to everything. Not to resist. To accept anything. Better to be a nay-sayer in this case.
Nay-sayers may be more complicated and unpleasant for those around them, but at least they stand up for their own beliefs. An initial ‘no’ could simply be a way of expressing oneself first.