The Affidavit of Withdrawal is a critical legal instrument in German contract law, used when a party needs to formally exercise their right to withdraw from a contract or agreement. This document is particularly relevant in consumer contracts, distance selling, and various business transactions where German law grants withdrawal rights. The affidavit must be drafted in compliance with the German Civil Code (BGB) and procedural requirements for sworn statements. It includes essential details such as the parties' information, contract details, explicit withdrawal declaration, and timing confirmation. The document's importance has grown with the increase in online transactions and distance selling, where consumers have specific withdrawal rights under German and EU law. An Affidavit of Withdrawal serves both as a formal notice to the other party and as legal evidence of the withdrawal exercise within the prescribed period.
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1. Declaration Header: Formal title 'Affidavit of Withdrawal' (Eidesstattliche Versicherung zum Widerruf), date, and place of execution
2. Declarant Information: Full legal name, address, and identification details of the person making the withdrawal
3. Contract Information: Details of the original contract or transaction being withdrawn from, including date, contract number, and other identifying information
4. Withdrawal Statement: Clear and explicit statement of withdrawal from the contract or transaction
5. Timing Declaration: Statement confirming that the withdrawal is being made within the legal withdrawal period
6. Verification Statement: Formal statement confirming that the information provided is true and correct, understanding the legal consequences of false statements
7. Signature Block: Space for date, place, and signature of the declarant
1. Reason for Withdrawal: Optional explanation of the reasons for withdrawal - included when required by specific circumstances or when strategic to include
2. Delivery Details: For goods purchases, details about return shipping or handling - included when the withdrawal involves physical goods
3. Payment Information: Banking or payment details for refund purposes - included when refund is expected
4. Legal Representative Details: Information about legal representative if the withdrawal is made through one - included when represented by a lawyer or authorized representative
5. Previous Communications: Reference to any previous communications about the withdrawal - included when there has been prior correspondence
1. Original Contract Copy: Copy of the original contract or transaction documentation being withdrawn from
2. Proof of Transaction: Receipt, order confirmation, or other proof of the original transaction
3. Identification Document: Copy of declarant's identification document (when required)
4. Communication Records: Copies of any relevant previous communications regarding the withdrawal
5. Power of Attorney: If applicable, documentation authorizing a representative to make the withdrawal
Relevant legal definitions
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Relevant Industries
Retail
E-commerce
Financial Services
Insurance
Real Estate
Consumer Goods
Digital Services
Telecommunications
Travel and Tourism
Professional Services
Healthcare Services
Education and Training
Relevant Teams
Legal
Compliance
Customer Service
Contract Administration
Risk Management
Operations
Sales Administration
Customer Relations
Documentation
Retail Operations
Relevant Roles
Legal Counsel
Compliance Officer
Customer Service Manager
Contract Administrator
Risk Manager
Consumer Rights Officer
Business Operations Manager
Sales Manager
E-commerce Manager
Retail Operations Director
Customer Experience Manager
Legal Administrative Assistant
Documentation Specialist
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