Relevant Paragraphs

Question 1

Voidness resulting from a defect form

Answer 1

• §125
• a legal transactions that lacks the from prescribed by statue is void
• e.g. document not signed by own hand

Question 2

Suretyship

Answer 2

• §765
• surety puts himself under a duty to the creditor of a third party to be responsible for discharging that partys obligation
• may also be assumed for a future or contingent (ungewisse) obligation
• §766: the declaration of suretyship must be issued in writing (referring to §126)

Question 3

Electronic Form

Answer 3

• §126a
• written form replaced by electronic form -> issuer must add name to declaration and provide electronis document with qualified electronic signature

Question 4

Textfrom

Answer 4

• §126b
• in contrast to written or electronic form, does NOT need signature
• YES email usb-stick, sms, …
• name of declarant suffiecient