Abstrakt
The paper addresses the problem of the control of general terms and conditions in the business?to?business transactions. Pursuant to the jurisprudence of the German Federal Supreme Court, the provisions of §§ 305 and subs. BGB are applicable also to the transactions between entrepreneurs. The author advocates for the change of this approach. In this respect, the paper discusses the underlying protection goals underlying the control of general terms and conditions and the constitutional requirements and limitations concerning the freedom of contract. Finally, the paper reviews the existing reform proposals and formulates its own one, which is based on the transaction costs problem arising out of the use of general contractual templates.