Expert opinion on reparation claims

2.1 Concerning the capacity to be a party to legal proceedings

A legal entity defines itself by treaties. A treaty is concluded in writing, orally, by implication or by action. Capacity to be a party to legal proceedings is achieved only through treaties. Anyone who breaks a contract can no longer rely on compliance with this contract.


Laws are therefore the general terms and conditions agreed generally. Deviations from this require the express consent of the parties.


Contractual autonomy includes the choice of the judge in the event of a dispute. For this reason, the national laws usually stipulate that, in deviation from state law, an arbitral tribunal may be called if the parties have expressly agreed to this.


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