5th Freedom of contract
for contracts is the
degree of freedom
, which means that anyone wishing to conclude a contract may, also (in their own responsibility!) Ö_O ~ Similarly, the freedom, so the contents of the contract (
long as he does against the law!
)
6th Binding contract (§ 242 BGB) The debtor is required to power
- in good faith to effect
- .
- 7th Form of legal transactions
- a.)
- Basically
- form freedom
- apply for legal transactions (written, oral, etc. b.) ) There are also
shape constraints
that apply in these transactions.
guarantee promise voluntary redundancies or dismissals
electronic form (§ 126a, b BGB)
public authentication Notarization (eg for sale of land)
Each of these transactions is considered void if they have not the form prescribed by the law
.
8th Cancellation of contracts
-
- Scherzugeschäfte (not serious business)
- state of unconsciousness could (in the G- find no collection section, where the confirmed .. but that was logical)
are a.) Legal transactions of incompetent void, see 2 Capacity
- b.) Legal transactions of limited legal capacity, see 2 Capacity
c.) If lack of rechtsgeschäftlichem unwillingness eg
- sham transactions (the example of Schili: A house is sold under the contract for 30,000 €, but it is verbally agreed to sell for 60,000 € in order to save taxes)
9th Lack of legal transactions
transactions are void if they violate a law or morality (eg, usury)
10th Deficiency in the form see 7 Form of legal transactions 11th Avoidance of transactions transactions that are considered questionable. But after a legal challenge, they are annichtig from the beginning. There are various forms of avoidance for Irrums: a.) error in the explanation of action: if for example a mistake jem b.) error as to the explanation of which has: if you accidentally make a purchase rather than a lease-signing c.) error in the Übermttlung: How a.) d.
) error on? (Example: Bank provides Kassererin a & learn later that this has already committed embezzlement)
e.) challenge by cunning can deceive (x for y) f.) avoidance for threats
transactions challenge you not if you made a mistake in the motif (motif error)
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