Capacity to enter into a contract in german civil law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Capacity to enter into a contract in german civil law PDF full book. Access full book title Capacity to enter into a contract in german civil law by Patrick Schneider. Download full books in PDF and EPUB format.
Author: Patrick Schneider
Publisher: GRIN Verlag
ISBN: 3668937745
Category : Law
Languages : en
Pages : 24
Get Book
Book Description
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.
Author: Patrick Schneider
Publisher: GRIN Verlag
ISBN: 3668937745
Category : Law
Languages : en
Pages : 24
Get Book
Book Description
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.
Author:
Publisher: GRIN Verlag
ISBN: 3346109747
Category : Law
Languages : en
Pages : 20
Get Book
Book Description
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.
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545
Get Book
Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author: Basil Markesinis
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1098
Get Book
Book Description
Author: Yuliya Chernykh
Publisher: BRILL
ISBN: 9004414703
Category : Law
Languages : en
Pages : 629
Get Book
Book Description
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author: Fabio Koza
Publisher: GRIN Verlag
ISBN: 334602119X
Category : Business & Economics
Languages : en
Pages : 18
Get Book
Book Description
Seminar paper from the year 2018 in the subject Business economics - Law, grade: 2,7, University of applied sciences, Cologne, course: Business Law, language: English, abstract: This assignment is about the natural person in German Civil Law and will first give an quick overview about the BGB and will then explain where the natural person is defined. The following chapter will then describe what and/or who is a legal person and which rights and obligations has a natural person. After that, different obligations and rights in different stages of ages will be explained and substantiate with examples and jurisdictions. The natural person in antiquity, slaves were fundamentally without rights, they had no rights and were treated as one thing because of the legal system and were not considered in the legal sense as a person. The legal system must therefore make a decision on who owns rights and, in other words, who is to be considered a person. This regulation is made by the legal institution of legal capacity. Legal capacity is the ability to be the bearer of rights and obligations. Legal capacity has natural and legal persons. Many things in terms of natural persons have changed since the antiquity and the German Civil Law came into effect. Changes and actual regulations will be explained in this assignment.
Author: Reinhard Zimmermann
Publisher: Oxford University Press on Demand
ISBN: 9780199291373
Category : Law
Languages : en
Pages : 240
Get Book
Book Description
An authoritative account of the German law of obligations after the reform legislation of 2002 and a critical assessment of the new law in historical and comparative perspective. The analysis covers the new regime concerning liability for general non-performance, non-conformity in sales law, the incorporation of a number of special statutes aimed at the protection of consumers, and examines how the reform has moved German contract law considerably closer to European thinking patterns.
Author: B. S. Markesinis
Publisher: Oxford University Press
ISBN: 9780198267690
Category : Law
Languages : en
Pages : 1600
Get Book
Book Description
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.
Author: Michael Wendler
Publisher: Springer Science & Business Media
ISBN: 3662080656
Category : Law
Languages : en
Pages : 236
Get Book
Book Description
A clear and precise overview of the key aspects of German business law. Written by attorneys involved in the daily practice of business law in Germany, this book is aimed at people who wish to familiarise themselves quickly with the German legal system and the manner in which it influences business purchases, establishment, operations and liquidations. Throughout, special attention has been paid to highlighting and explaining the differences between the German legal system and that of the United States, although the intention is to provide information that will prove valuable to all foreigners, particularly business people and lawyers advising clients with an interest in doing business in Germany.
Author: Dennis Faber
Publisher: OUP Oxford
ISBN: 0191630918
Category : Law
Languages : en
Pages : 1351
Get Book
Book Description
This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.
