Case Law
Integrated Case Law
Clausa is trained on relevant BGH and BAG decisions. Overview of integrated rulings — with update methodology.
BGH Case Law: Tenancy Law
The following BGH decisions are integrated in the Clausa Real Estate rule set and are actively checked:
| Date | Topic | Holding |
|---|---|---|
| 2015 | Cosmetic Repairs | Fixed renovation deadlines without regard to the actual condition of the flat are void under standard terms law. |
| 2019 | Rent Reduction §536 BGB | Significant impairment of living space justifies a rent reduction right — depending on extent and duration of the impairment. |
30+ further BGH decisions on rent brake, service charges, index rent and termination law are integrated.
All information to the best of our knowledge. Status: May 2026. No legal advice — Clausa supports professionals, it does not replace them.
BAG Case Law: Employment Law
Two examples from the integrated rule set:
| Date | Topic | Holding |
|---|---|---|
| 2022 | Non-Compete | Geographic scope without proportionate justification under §74 HGB too broadly drafted — clause void. |
| ongoing | Written Form Requirement §623 BGB | Termination or separation agreement by email or SMS leads to nullity — without exception. |
20+ further BAG decisions on fixed-term contracts, severance, probation and standard terms control are integrated.
Update Methodology
The case law rule set is updated regularly by the EconLab legal team. New BGH/BAG landmark decisions are reviewed promptly after publication. Changes are versioned and documented.
Frequently Asked Questions
How quickly does Clausa integrate new BGH rulings?
Landmark decisions are reviewed promptly after publication by the legal team and incorporated into the rule set where relevant.
Which courts are covered?
Primarily BGH (tenancy law) and BAG (employment law). Relevant OLG and LAG decisions are added based on pilot partner feedback.
What happens with conflicting rulings?
Where case law diverges, Clausa explicitly flags the edge case — no binary review result, but a note for human review.
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