Is a verbal agreement to start the hiring process with a German company in Germany binding by the German law? In other words, does one have to sign the contract once it is ready?


If two parties agree to the terms of an exchange, then there exists an enforceable contract. A signature is not needed to create a contract.

However, an intent to negotiate a contract is not, per se, a contract. Absent some specific and explicit measures (which for major deals may be codified in an MOU or LOI that itself contains contractual terms), if you can't reach an agreement on terms then there is no contract.

It's up to the particulars of "the verbal agreement to start the hiring process" whether an agreement on exchange has been reached, or merely proposed. E.g., "You and I agree that I will pay you $X in exchange for Y due Z" is a contract.

"You and I agree that we'd like to work together, and we'll hammer out the terms X, Y, and Z by the end of the week" is merely a proposal to contract, not an actual contract. Of course, this doesn't mean you're immune to liability for failing to reach a contract in this hypothetical: you can always be sued!

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Oral contracts are valid in Germany, but in reality can be very hard to enforce.

In the example of a hiring contract, the 2 parties may have different agreements in mind when shaking hands. Imagine a situation where one party shakes hands with the intention of actually hiring the other person, while the other person thinks the handshake is just an agreement to send the actual contract for review and possible acceptance - these people didn't agree on the same thing, so the contract is invalid.

And even if both parties had the same agreement in mind at the time they shook hands, good luck proving that.

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