The technical term “essentialia negotii” is derived from Latin and literally means “essential business features”. The legal term describes the necessary minimum content that a contract must have. The essentialia negotii are therefore mandatory requirements for a contract to be valid. The essentialia negotii are illustrated below on the basis of the purchase agreement and the rental agreement:

In the case of a contract of sale pursuant to § 433 BGB: Names of the contracting parties, object of purchase, purchase price

In the case of a rental agreement pursuant to Section 535 of the German Civil Code (BGB): Names of the contracting parties, rental object, rent, (if applicable, rent interest).

For rental agreements in accordance with § 535 BGB: Names of the contracting parties, rental object, rent (if applicable)