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We received a cancellation of our contract, being a sales agent

 
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  • Answered by:legal eagle
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Customer Question

We received a cancellation of our contract, being a sales agent for 12 years.
The contract stated that a cancellation should be in form of a registered letter.
Is somit the cancellation invalid?

Kind regards,
Irene

 



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Submitted: 326 days and 23 hours ago.
Category: German Law
Value: 38 €
Status: CLOSED
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Expert:  legal eagle replied326 days and 22 hours ago.

Dear Customer,


thanks for using Just Answer.


It depends on what the parties of the contract wanted and why they wanted the registered letter.

Was it in order to prove the reception of the letter or should the validity depend on the letter being registered.



If there is noting in the contract I should think that the validity of the cancellation does depends on the letter being sent in registered form

There is a decision from our highest civil court from 1995 that says that the written form is enough

So the cancellation is valid , alas




I hop I was able to help

If so please give me a positive ratin



Customer replied326 days and 19 hours ago.

Thank you very much, one more question isleft open, can I say we never received the fax. Is the sending of a fax enough proof that it has been received.

Accepted Answer

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Expert:  legal eagle replied326 days and 19 hours ago.

Dear Customer,

thanks for clarifying

This is an entirely different matter altogether


The reason why the letter had to be registered is that the one who sends it has to prove that it reached its destination


If he cannot prove that the termination is not valid, because a termination only gets valid when it is received




I hope I was able to help


If so please give me positive feedback


thank you so much

Expert TypeAttorney
Category: German Law
Pos. Feedback: 100.0 %
Accepts: 390
Answered: 7/2/2012

Experience: More than 18 years of experience in practicing law

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