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Buschmann wants termination by email
Justice Minister Marco Buschmann at a press conference in the Federal Ministry of Justice. photo
© Bernd von Jutrczenka/dpa
Quitting your apartment or job – these days this can usually only be done in written form. The Minister of Justice wants to change that. A copy of the letter via messenger or email should be sufficient in the future.
Federal Minister of Justice Marco Buschmann (FDP) wants to change the law to ensure that hand-signed paper documents no longer have to be presented so often in private legal transactions.
In a proposal from his ministry for an amendment to the Civil Code (BGB), which is available to the German Press Agency and was sent to the other federal government departments for coordination on Monday evening, it says: “In the future, the electronic form will be designed and used as a standard form “The written form shall take the place of the written form unless the written form is required by European or international regulations.” The written form should only be retained as a replacement for the electronic form.
Part of the planned bureaucracy relief law
For example, in order for the termination of an employment relationship to be effective, it currently needs to be in writing. Electronic form is excluded here. In Buschmann’s proposal, which his ministry wants to become part of the planned bureaucracy relief law, it is the other way around. It says here: “The termination of employment relationships by notice or termination agreement must be in electronic form to be effective.” The electronic form should also become the norm for commercial rental agreements and lease agreements.
The proposed changes, if implemented unchanged, are also intended to make it easier to adhere to deadlines in legal transactions. For example, according to the BGB, termination of living space is permitted no later than the third working day of a calendar month at the end of the month after next. Nothing should change about that. However, if a tenant wants to terminate their apartment, they currently have to ensure that they hand over their signed termination letter in person or send it by post in a timely manner. In the future, in order for the termination to be effective, it should be possible for the tenant to send a copy of the letter – for example via a smartphone photo – via email or messenger. The landlord can then request the original letter.