Contract drafting is a legal sub-discipline alongside so-called decisional jurisprudence. The difficulty in drafting a contract lies particularly in the fact that the draft contract is future-oriented. The consultant must therefore anticipate which core problems and relevant regulatory complexes must be included in the contract.
Unlike in public law, there is no relationship of superiority and subordination in contract law; rather, the contracting parties are on an equal footing and have the same legal means at their disposal.
The provisions of Art. 1 par. 1, Art. 2 par. 1 of the German Constitution is the basis from which the principle of equal rights and private autonomy is derived as an essential provision of contract law.
