The Essential of 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 The Essential of a Contract in German Civil Law PDF full book. Access full book title The Essential of a Contract in German Civil Law by . Download full books in PDF and EPUB format.
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:
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: 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: Ernest Joseph Schuster
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 756
Get Book
Book Description
Author: Chantal Mak
Publisher: Kluwer Law International B.V.
ISBN: 9041126716
Category : Law
Languages : en
Pages : 399
Get Book
Book Description
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.
Author: Basil S Markesinis
Publisher: Bloomsbury Publishing
ISBN: 1847312012
Category : Law
Languages : en
Pages : 1034
Get Book
Book Description
Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.
Author: Mathias Reimann
Publisher:
ISBN: 9789041122612
Category : Law
Languages : en
Pages : 0
Get Book
Book Description
It is nearly ten years since the appearance of the successful first edition of this convenient English-language introduction to the law of Germany. This new edition covers all the significant changes and innovations that have occurred during that period, encompassing the pervasive impacts of European law and of globalisation, the major recent reform of the German Civil Code, and the greatly increased activity of the German legislature in every area. With fifteen lucid chapters written by academic expects in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the legal concepts, customs, and rules arising from such basic elements as the following: characteristic problems of Germany legal unity; principles and practices of constitutional law; administrative law and procedure; the German Commercial Code; formation and conduct of corporations and partnerships; contracts; tort liability; property rights; family law; succession and inheritance; labor and employment; issues of private international law; courts and civil procedure; the penal code and criminal procedure. Introduction to German Law, Second Edition provides an authoritative description of all issues likely to emerge in the course of normal application of German law in any context.
Author: Ernest Joseph Schuster
Publisher: Theclassics.Us
ISBN: 9781230213439
Category :
Languages : en
Pages : 252
Get Book
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ... FAMILY LAW CHAPTER 1: HUSBAND AND WIFE 1. Agreement To Marry 407. Mutual promises of marriage constitute an agreement between the parties described by the expression Verlobniss (betrothal), which, as regards the conditions of its validity and some of its consequences, is subject to the ordinary rules as to obligatory agreements. The remedies on breach of the agreement are, however, modified in the following manner: (1) an agreement to marry cannot be specifically enforced; a claim for pecuniary compensation arises, as a general rule, on breach of the agreement by one of the parties; (2) the pecuniary compensation is--except under the circumstances mentioned below sub (4)--limited to an amount indemnifying the aggrieved party for any disbursements made or undertaken in contemplation of the marriage, or for any loss incurred through any steps taken by such party in contemplation of the promised marriage affecting his property or occupation; the compensation is payable in so far only as the disbursements or steps in question were reasonable under the circumstances; a promise to pay a penalty in the event of a breach of the agreement is void; (3) the claim for compensation does not arise if the breach of promise is due to a cogent ground (e. g. the discovery of a legal impediment to the marriage, or of a circumstance which after the marriage would justify a decree of nullity or a divorce); if the ground justifying the breach of promise is a culpable act of the other party the party refusing to perform the promise is entitled to compensation from the party guilty of such culpable act; the rule as to the measure of damages is the same as in the events mentioned sub (2); (4) if an intending wife of previously unblemished moral character has...
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: 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.
