Archive · Originally published 2022-06-01
Editorially revised on 8 November 2026. This page records an earlier topic; follow the current guide below for present-day advice.
The issue
The original archive article concerned the effect of an employee’s death during the formation of a termination agreement. The relevant general questions include receipt of the offer, acceptance, statutory form and whether the offer was intended to remain effective.
How to read this today
Under section 153 BGB, death before acceptance does not necessarily prevent formation unless a different intention is to be inferred. Whether a severance claim exists and passes to heirs depends on the agreement and the facts; it cannot be assumed from negotiations alone.
Practical context
For a current matter, identify the relevant date, the applicable documents and the outcome sought before relying on an earlier summary.