Finance Update: Fictitious Consent in General Terms and Conditions


Do amendments to general terms and conditions require the active consent of the contractual partner? The XI Civil Senate of the Federal Court of Justice (BGH) dealt with this question in its ruling of 27 April 2021 (Ref. XI ZR 26/20). The BGH ruled that a clause was ineffective which provided for the possibility of amending the GTC without limiting the content in the event that the contractual partner did not object to the proposed amendments within a certain period of time.