In this article, the most important decisions of the XII. Civil Senate of the Federal Supreme Court 2021, but also decisions of the VIII. Civil Senate on the demarcation between commercial and residential tenancy law and on pandemic rent.

In addition to the ongoing debate on written form issues, the XII Senate dealt in particular with general terms and conditions clauses in the year under review. The Covid 19 pandemic kept a firm grip on the case law of the courts of instance, namely the higher regional courts. At the beginning of 2022, the BGH case law set its first accents. 

Jan Lindner-Figura and Silvio Sittner follow up the ongoing NJW coverage with this article.