some other shit

Question 1

Avoidance of Declaration

Answer 1

Challenging the validity of a declaration of will.
Components: Notice of avoidance (S 143 I BGB), grounds for avoidance (e.g., error, unlawful threats, fraudulent misrepresentation), deadline (S 121 and S 124 BGB)

Question 2

Capacity to Perform Legal Act

Answer 2

The ability to enter into valid legal transactions.
General Structure:

SS 104, 105 BGB: No capacity to declare a will.
SS 106, 107 BGB: Limited capacity to declare a will.
S 107 BGB: Legal benefit only.
S 110 BGB: “Pocket money provision.”
S 108 BGB: Subsequent ratification.

Question 3

Obligation Definition

Answer 3

A legal relationship entitling an obligee to claim performance from an obligor.
Section 241: Duties arising from an obligation.
Major obligations and accessory obligations.
Obligation may also include a “duty of care” (nebenpflicht).

Question 4

Obligation Origin

Answer 4

Legal Transactions - Contract (311 BGB).
By Law - Tort (823 BGB).

Question 5

Liability for Vicarious Agents

Answer 5

Responsibility for actions of agents acting on behalf of another.
Section 831: Requirements:
Vicarious agent.
Unlawful damage.
When carrying out the task.
Responsibility and exculpation.
Causation.

Question 6

Claim for Restitution

Answer 6

he right of the owner to demand the return of the thing.
Section 985 – Claim for restitution.
Section 986 – Objections of the possessorConditions for a claim for restitution.
Requirements:

Claimant is the owner.
Opponent is the possessor.
The opponent is not entitled to possession against the owner.