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Release Of Claims Form for Germany

Release Of Claims Form Template for Germany

A Release of Claims Form under German law (Verzichtserklärung/Ausgleichsquittung) is a legally binding document governed by the German Civil Code (BGB) that formally releases one party from legal claims or obligations by another party, typically in exchange for agreed consideration. The document must comply with German legal requirements, including specific provisions under BGB §779 regarding settlement agreements and §126 concerning written form requirements. It serves as a comprehensive waiver of rights and claims, providing legal certainty and finality to disputes or potential disputes between parties.

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What is a Release Of Claims Form?

The Release of Claims Form is a crucial legal document used in German jurisdiction to formally conclude disputes or potential claims between parties. This document is commonly utilized in various contexts, including employment terminations, personal injury settlements, business disputes, or contract conclusions. The form must comply with German Civil Code (BGB) requirements, particularly regarding settlement agreements and written form requirements. When properly executed, this Release of Claims Form provides legal certainty by clearly defining the scope of claims being released, the consideration provided, and any specific terms or conditions of the release. It serves as a final resolution document that helps prevent future litigation and provides clarity regarding the parties' rights and obligations.

What sections should be included in a Release Of Claims Form?

1. Parties: Identification of the releasing party (Releasor) and the party being released (Releasee), including full legal names and addresses

2. Background: Brief description of the circumstances leading to the release, including relevant dates and events

3. Definitions: Key terms used in the agreement, including 'Claims', 'Effective Date', and any specific terms relevant to the release

4. Consideration: Details of the compensation or consideration being provided in exchange for the release

5. Release and Waiver: The core section detailing the specific claims being released and the scope of the release

6. Representations and Warranties: Statements by the Releasor confirming understanding of the release and authority to enter into it

7. No Admission of Liability: Statement that the release does not constitute an admission of liability by any party

8. Governing Law: Confirmation that German law governs the agreement and jurisdiction details

9. Severability: Provision ensuring that if any part of the release is found invalid, the rest remains in force

10. Complete Agreement: Statement that the document represents the entire agreement between the parties

11. Execution: Signature blocks and date of execution

What sections are optional to include in a Release Of Claims Form?

1. Confidentiality: Terms regarding confidentiality of the settlement and release, used when parties want to keep terms private

2. Return of Property: Section detailing return of any property or documents, particularly relevant in employment contexts

3. Non-Disparagement: Mutual or unilateral agreements not to make negative statements, often used in employment or business disputes

4. Future Cooperation: Terms regarding any required future cooperation between parties, often used in complex disputes

5. Tax Implications: Section addressing tax treatment of any payments, particularly important for large settlements

6. Revocation Period: Required in certain contexts (especially employment) where law mandates a cooling-off period

7. Insurance Claims: Specific provisions regarding insurance claims and subrogation rights

8. GDPR Compliance: Specific data protection provisions when personal data processing is involved

What schedules should be included in a Release Of Claims Form?

1. Schedule A - Released Claims: Detailed list of specific claims being released, particularly useful for complex disputes

2. Schedule B - Payment Details: Breakdown of any settlement payments, including payment schedule if applicable

3. Schedule C - Excluded Claims: List of any claims specifically excluded from the release

4. Appendix 1 - Related Agreements: Copies or references to any related agreements affected by the release

5. Appendix 2 - Proof of Authority: Documentation proving authority to execute the release, if needed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Legal Services

Insurance

Banking and Finance

Manufacturing

Construction

Healthcare

Technology

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Relevant Teams

Legal

Human Resources

Risk Management

Compliance

Corporate Governance

Claims Processing

Contract Administration

Employee Relations

Insurance

Operations

Relevant Roles

Legal Counsel

HR Manager

Risk Manager

Compliance Officer

Corporate Secretary

Claims Manager

Settlement Officer

Contract Administrator

Employment Lawyer

Insurance Claims Adjuster

Corporate Lawyer

Business Development Manager

Human Resources Director

Chief Legal Officer

Operations Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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