Is a termination by fax legally binding?
A cancellation by fax is sent quickly and also saves postage - but it is of little use if it is not valid or not valid in this form. is final.
The law expressly provides certain formal requirements for some terminations. If a fax then does not meet these requirements, it is the one sent by fax termination not effective or legally binding.
When the termination must be in writing
- For the termination of an employment relationship, the law in Section 623 of the German Civil Code (BGB) expressly provides for the written form. The same applies to the wording of a termination agreement. In addition, the electronic form is expressly excluded for both termination and termination agreements.
- The requirements for the so-called written form are regulated in Section 126 of the German Civil Code (BGB). In the case of the written form, the corresponding document must be signed "personally" by the person who issues it Signature with his name or with a hand sign that is notarized be. However, the "authorship" criterion is not met when sending a fax.
- If the written form is expressly required for a termination - such as in the case of an employment relationship, for example - termination by fax is not effective or legally binding.
- However, even if there is no written form requirement, termination by fax is not very advisable. Because the access and the exact content of the letter of termination can only be difficult or impossible. cannot be proven at all. Even the transmission log does not usually prove that the fax was received by the recipient.
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Confirm receipt of the fax
- If the written form is not already stipulated by law for the termination of a contract, or if if it does not result from the underlying contract, termination by fax may then be possible.
- In such a case, however, it is advisable to have the recipient expressly confirm receipt of the letter of termination.
A termination by fax is usually transmitted quickly, but its effectiveness or failure is problematic. the provability of the transmission. If you can cancel by fax, you should therefore have the receipt confirmed to be on the safe side.
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