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Could the offtake deal go south?, page-11

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    Here's some fun facts about enforcing contract in Germany. You mentioned above that you don't have time to do your own reserach, so I have paraphrased some complicated websites to help you out.

    Germany is ranked 12th of out of all countries in terms of enforcing contracts.
    http://www.doingbusiness.org/data/exploretopics/enforcing-contracts

    German contracts use much fewer words than the equivalent contracts in common law jurisdictions
    http://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3456&context=cklawreview

    The German legal system has the same remedies as common law jurisdictions:
    http://uk.practicallaw.com/1-502-0728?q=&qp=&qo=&qe=#a186934
    • Damages, which are compensatory only.
    • Specific performance (Leistungsklage), granted where the claimant requires the defendant to take action to do something. It is not required to prove that damages would not be an appropriate remedy, or to meet any other equitable conditions.
    • Declaratory judgment (Feststellungsklage), granted where the claimant seeks to establish the existence or non-existence of a legal relationship (for example, an order the court that the defendant must cover all damages arising in the future).
    • Modification of rights (Gestaltungsklage), granted where the claimant asks the court to alter legal rights (for example, annulment of a public company limited by shares).
    Here's just a small amount of the wealth of information available on the internet.

    Have a great day doing all that learning!

    Regards,
    Robbo24
 
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