Final ones Flashcards
Declaration of Will (Willenserklarung): Define it.
“Expression of will with the aim to achieve some legal consequence”
When does a Declaration of Will Become Effective? Identify the components.
Submission and access, not invalid/void
Voidable Declarations (Anfechtung): Name the elements of the declaration of will
Desire to act, willingness to be bound, desire to enter the specific transaction, expression controlled by mind, awareness to express anything of legal relevance
What are the Two Types of Declaration of Will?
Declarations which do not need to be received, declarations which need to be received
Grounds for Voidness of Declaration: List the German legal references.
S.105, S.125, S.134, S.138, S.142
What is a Legal Transaction?
A legal act consisting of at least one declaration of will which by its own or together with further circumstances leads to a legal consequence.
Define Contract
A legal transaction consisting of two declarations of will
What is Avoidance of the Declaration? What’s the general structure?
Notice of avoidance S 143 I BGB, an error SS 119, 120 BGB and S 123 BGB, deadline S121 and S124 BGB
Define Obligation
A legal relationship in terms of which one is entitled to claim performance (Leistung) from another person.
What are the Duties Arising from an Obligation according to Section 241?
Obligee is entitled to claim performance from the obligor
Define Property Law and Law of Obligations
Property law: Concerned with the rights a person has in direct relation to a thing. Law of Obligations: Establishes a claim against the obligor
What is the Principle of Separation in Property Law?
Obligation (contract of sales, donation, etc.) and transfer of ownership are separate legal transactions. The obligation itself never leads into any change of ownership.
What is the Principle of Abstraction in Property Law?
The validity of the obligation and the transfer of ownership are independent of each other. The transfer of ownership may be valid even if the underlying obligation is not valid.
What are the Requirements for a Claim Based on Ownership S 985 BGB?
Claimant is the owner, opponent is the possessor, the opponent is not entitled to possession against the owner.
What are the Requirements for Good Faith Acquisitions from a Person not Entitled SS 929 S. 1, 932 I S. 1 BGB?
Agreement, delivery, good faith in the possessor to the owner, no acquisitions of lost property SS935 I BGB.
