Civil Law: Special Part of the Law of Obligations Flashcards
What are the two types of obligational relationships in the special part of the law of obligations?
Contractual (established by agreement) and Statutory (imposed by law).
What is the purpose of contractual special obligations?
To standardize commonly used contracts.
What is the key difference between contractual and statutory obligations?
Contractual obligations are based on agreements, while statutory obligations are automatically created by law.
What are the seller’s obligations under a contract of sale (§ 433 BGB)?
Deliver the item free from defects and transfer ownership to the buyer.
What rights does a buyer have under warranty laws (§ 437 BGB)?
Cure (repair or replacement), rescind the contract, reduce the price, or claim damages.
What is the difference between warranty and guarantee?
Warranty is a statutory obligation, while guarantee is a voluntary commitment.
When does the risk pass to the buyer in a contract of sale?
Upon delivery (§ 446 BGB).
What is the lessor’s obligation in a lease agreement (§ 535 BGB)?
Provide the leased property in a condition suitable for agreed use.
How does a usufructuary lease differ from a regular lease?
The lessee can use the object and enjoy its fruits (e.g., profits).
What obligation does the borrower have in a gratuitous loan (§ 598 BGB)?
There is no payment obligation; use is permitted at no charge.
What are the lender’s obligations in a loan agreement (§ 488 BGB)?
Provide the agreed loan amount.
What are the borrower’s obligations in a loan agreement (§ 488 BGB)?
Pay interest and repay the loan by the due date.
What distinguishes a contract of service (§ 611 BGB) from a contract for specific services (§ 631 BGB)?
A contract of service requires performance, while a contract for specific services requires a tangible result.
Give an example of a contract of service and a contract for specific services.
Contract of service: Employment; Contract for specific services: Construction work.
Law of Torts
What must be proven to hold someone liable under § 823 I BGB?
Infringement of:
- an absolute right
- positive act
- causality
- unlawfulness
- culpability (schuld)
- damage.
Law of Torts
What does § 826 BGB cover?
Liability for immoral intentional harm, such as fraud or deceit.
Liability for Vicarious Agents
What is the principal liable for under § 831 BGB?
The wrongful acts of their agents during assigned duties.
What is the definition of unjustified enrichment under § 812 I 1 BGB?
Unjustified enrichment occurs when:
1. A person obtains something.
2. At the expense of another person.
3. Without legal grounds.
=> They are under a duty to make restitution to the other party.
What does “obtaining something” (Etwas erlangt) refer to in unjustified enrichment?
“Obtaining something” refers to any material or immaterial benefit, including:
- Ownership or possession of an object.
- Savings from avoided expenses.
- Use or consumption of goods or services.
- Acquisition of rights or claims (e.g., intellectual property).
What are the two forms of enrichment “at the expense of another” (auf Kosten eines anderen)?
- Performance-Based Enrichment (Durch Leistung):
- A benefit is provided intentionally by one party to fulfill an obligation or expectation.
- Example: Mistaken payment to the wrong recipient.
- Other Forms of Enrichment (Sonstige Weise):
- A benefit is obtained indirectly or through unjust interference.
- Example: Unauthorized use of another’s property.
When does enrichment lack a legal ground (Ohne Rechtsgrund)? Provide examples.
Enrichment lacks a legal ground when:
There is no valid legal basis for retaining the benefit.
Examples:
* Payments made under an invalid, void, or rescinded contract.
* Retention of mistakenly transferred goods without an agreement.
