Legal bindingness of codes of practice, guidelines and technical standards

摘要

The noise protection decision of the BGH (Bundesge-richtshof = Federal Court of Justice) of 14/6/2007 is important for the relationship between technology and law, which also includes contractual law. Thesis: The law, and in particular contractual law, takes preference over technical statements. The starting point of the decision: What level of noise insulation is due when someone buys a semi-detached house and the seller promises the following to the buyer: "The building construction stipulations in respect of heat and noise insulation and fire protection will be complied with. The minimum values laid down in the ordinance will be exceeded.