Sections

Question 1

Structure of Claims

Answer 1

The categorization of claims into three main categories: existence of claim, did the claim disappear, enforceability of claim

Question 2

Existence of Claim

Answer 2

The category of claims that focuses on whether a claim has come into existence.
Examples: Contractual, virtually contractual, in rem, tort, unjustified enrichment

Question 3

Did the Claim Disappear

Answer 3

The category of claims that examines whether a claim has ceased to exist.
Examples: S 362 BGB (fulfillment), S 346 BGB (revocation), S 275 BGB (impossibility).

Question 4

Enforceability of Claim

Answer 4

The category of claims that deals with the ability to enforce a claim.
Examples: S 214 BGB (limitation of claim), S 1000 BGB (right of retention).

Question 5

Declaration of Will

Answer 5

The key element of any legal transaction, an expression of will with the aim to achieve a legal consequence.

Question 6

Grounds for Voidness of Declaration

Answer 6

Error (error in characteristics, unlawful threats, fraudulent representation), error in communication, mistake of expression.

Question 7

Agency 164 requirements

Answer 7

Requirements (S 164 BGB): Own declaration of will by the agent, in the name of the principal, within the scope of authorization.

Question 8

Obligation

Answer 8

A legal relationship where one party is entitled to claim performance from another party.

Question 9

Purchase Agreement

Answer 9

A type of contract that involves the transfer of ownership of goods.
Duties: Seller delivers the thing without defects, transfer ownership. Buyer pays, accepts delivery.

Question 10

Remedies in Purchase Agreement

Answer 10

Cure (supplementary performance), compensation for delay, compensation instead of performance, compensation for all remaining damages, revocation, reduction of price.