The Essential Of A Contract In German Civil Law

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The Essential Of A Contract In German Civil Law

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Author :
language : en
Publisher: GRIN Verlag
Release Date : 2020-02-07

The Essential Of A Contract In German Civil Law written by and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-07 with Law categories.

Seminar paper from the year 2018 in the subject Law - Civil / Private / Industrial / Labour, grade: 2, University of applied sciences, Düsseldorf, language: English, abstract: This paper presents the essentials of a contract as a part of the German civil law and how it is governed through this law. An important characteristic of German civil law system which sets it apart from common law system is the codification of core rules received from Roman law. These codes are drafted in order to cover all relationships within the field of law they govern. The provisions of a code are the references for a great many practical legal problems arise within that field over time. The concept of codification was developed in order to form a base where the laws of a given field can be found in one category – the code – instead of creating many judicial decisions. Beside its general part, German civil code contains other four divisions; the law of obligations, the law of property, the law of family or domestic relations, and the law of inheritance. The whole commercial law falls under the law of obligation regulated by the code. This includes e.g. the law of bills, notes, shipping, insurance, patents, copyrights, trademarks, contracts, and business transactions. This way of codification provides all citizens with a collection of laws they must follow. These laws constitute a systematic written collection of interrelated articles arranged by subject of matter.

Capacity To Enter Into A Contract In German Civil Law

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Author : Patrick Schneider
language : en
Publisher: GRIN Verlag
Release Date : 2019-05-14

Capacity To Enter Into A Contract In German Civil Law written by Patrick Schneider and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-14 with Law categories.

Seminar paper from the year 2019 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1,7, University of Applied Sciences Essen, course: Business Law, language: English, abstract: The capacity to contract is a fundamental right that empowers a person to participate in everyday life. To protect certain groups of people from legal transaction that overreach and overexerts them, there a laws in the BGB that limit or deny their contracting capacity. However, sometimes there are cases in which the deficiencies to contract seem to have more disadvantages than advantages for a person. That can be the case in surrogate businesses or if it is not practicable to get the consent of a parent. Especially when it comes to children who are acting anonymously in the internet, it will be challenging in the future for retailers to deal with them. For example, 1 on July 28 in 208, the AG Berlin-Mitte ruled in favour of a father whose daughter had bought a subscription for ringtones without his consent. In this case, the provider "Jamba" was left empty-handed.2 In the light of digitalisation it has become more and more usual to make subscription based contracts not only for hardware but for software as well. Software like photoshop or even office software can be licensed and subscription based. Since those kinds of contracts are not included in the pocket money section, it may become hard for retailers to directly contract with minors without asking for the consent of their parents that would have to reach them directly, which can be rather unpractical.

Fundamental Rights In European Contract Law

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Author : Chantal Mak
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01

Fundamental Rights In European Contract Law written by Chantal Mak and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.

Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.

The Architecture Of European Codes And Contract Law

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Author : Stefan Grundmann
language : de
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01

The Architecture Of European Codes And Contract Law written by Stefan Grundmann and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.

The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential and‘architectureand’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookand’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.

The German Law Of Obligations

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Author : B. S. Markesinis
language : en
Publisher: Oxford University Press
Release Date : 1998-02-26

The German Law Of Obligations written by B. S. Markesinis and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-02-26 with Law categories.

This is a two-volume set on the German Law of Obligations. The volumes comprise the most comprehensive treatment of German contract and tort law. Both books are uniquely detailed and scholarly, and as such, they will be essential reading for all scholars and students involved in these areas of law.

Manual Of German Law General Introduction Civil Law

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Author : Ernst Joseph Cohn
language : en
Publisher:
Release Date : 1968

Manual Of German Law General Introduction Civil Law written by Ernst Joseph Cohn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Civil law categories.

Incorporates parts of a former ed. which was published ... for the Foreign Office in 1950.

Standard Contract Terms In Europe

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Author : Hugh Collins
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01

Standard Contract Terms In Europe written by Hugh Collins and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.

Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.

Trading Under The Laws Of Germany

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Author : Gesellschaft zur Förderung des Deutsch-Amerikanischen Handels
language : en
Publisher:
Release Date : 1956

Trading Under The Laws Of Germany written by Gesellschaft zur Förderung des Deutsch-Amerikanischen Handels and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1956 with Commercial law categories.

The German Law Of Obligations

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Author : Basil Markesinis
language : en
Publisher:
Release Date : 1997

The German Law Of Obligations written by Basil Markesinis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.

The Architecture Of European Codes And Contract Law

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Author : Stefan Grundmann
language : de
Publisher: Kluwer Law International B.V.
Release Date : 2006

The Architecture Of European Codes And Contract Law written by Stefan Grundmann and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.

The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential and‘architectureand’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookand’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.