437 bgb. Schuldrecht 10 e: Rücktritt wegen Mangels, §§ 323, 437, 434 BGB

German Civil Code

437 bgb

Section 278 Responsibility of the obligor for third parties The obligor is responsible for fault on the part of his legal representative, and of persons whom he uses to perform his obligation, to the same extent as for fault on his own part. When it is determined what efforts may reasonably be required of the obligor, it must also be taken into account whether he is responsible for the obstacle to performance. Things may be rejected as security if their spoilage is to be feared or if their safekeeping involves special difficulties. A disposition by legal transaction is equivalent to a disposition which is effected by means of execution or attachment. Commissions were established, and, when the first draft of the code was presented for critical appraisal in 1888, it was rejected as being too Roman. If such a form is chosen, an electronic signature in accordance with section 126a may be demanded subsequently, or if this is not possible for one of the parties, notarial recording in compliance with section 126.

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bgb

437 bgb

The Land government may transfer this authorisation to the Land justice administration authority by statutory order. Section 85 Constitution of foundation The constitution of a foundation, to the extent that it is not based on federal or Land legislation, is determined by the endowment transaction. Section 261 Modifying a declaration in lieu of an oath; costs 1 The court may resolve to modify the declaration in lieu of an oath according to the circumstances. Section 31a Liability of board members 1 A board member acting free of charge or who receives remuneration for his activity which does not exceed 500 Euro per year is liable towards the association for damage caused in performing his duties as a board member only in case of intent or gross negligence. Section 305a Incorporation in special cases Even without compliance with the requirements cited in section 305 2 nos.

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Peter Huber

437 bgb

Prüfungsschema für den Rücktritt des Käufers gemäß §§ 437 Nr. Section 26 Board and representation 1 An association must have a board. Section 178 Right of revocation of the other party Until the ratification of the contract, the other party is entitled to revoke it, unless he knew of the lack of power of agency when he entered into the contract. Dieses Prüfungsschema der Jura Ghostwriter zeigt Dir, wie Du den Rücktritt systematisch und methodisch richtig prüfst. Other expenses are to be reimbursed to the extent that the obligee is enriched by them.

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» 13. Family law German Law Archive

437 bgb

Section 197 Thirty-year limitation period 1 Unless otherwise provided, the following claims are statute-barred after thirty years: 1. The arguments were intense enough to have the effect of delaying codification. Contract terms do not become standard business terms to the extent that they have been negotiated in detail between the parties. Section 311a Obstacle to performance when contract is entered into 1 A contract is not prevented from being effective by the fact that under section 275 1 to 3 the obligor does not need to perform and the obstacle to performance already exists when the contract is entered into. Section 169 Authority of the authorised representative and the managing partner To the extent that the expired authority of an authorised representative or a managing partner is deemed to continue in accordance with sections 674 and 729, it is not effective in favour of a third party who, when a legal transaction is undertaken, knows or ought to know of the expiry. Section 307 1 and 2 nevertheless apply to these cases in sentence 1 to the extent that this leads to the ineffectiveness of the contract provisions set out in sections 308 and 309; reasonable account must be taken of the practices and customs that apply in business dealings.

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Die Nacherfüllung § 439 BGB

437 bgb

Liability of an agent with power to enter into a contract a provision by which the user imposes on an agent who enters into a contract for the other party to the contract a a liability or duty of responsibility for the principal on the part of the agent himself, without any explicit and separate declaration to this effect, or b in the case of agency without authority, liability going beyond section 179; 12. Section 67 Changes to the board 1 Every change to the board must be notified by the board for registration. If the person acting in this manner caused the danger, he is obliged to pay damages. In order to alter the objects of the association, the approval of all members is necessary; the approval of the members not present must be declared in writing. The Land governments may by statutory order transfer the authorisation under sentence 1 to the Land justice administration authorities. Sentence 1 does not apply if the damage was caused with intent or gross negligence. Reversal of contracts a provision by which the user, to provide for the event that a party to the contract revokes the contract or gives notice of termination of the contract, may demand a unreasonably high remuneration for enjoyment or use of a thing or a right or for performance rendered, or b unreasonably high reimbursement of expenses; 8.

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» BGB / Full Text German Law Archive

437 bgb

The movement for codification began in the 18th century with the Bavarian Code of 1756 and the Prussian Civil Code of 1794 and received its major from the , which remained in operation in the 19th century throughout much of the western area of Germany, including Alsace and Westphalia. Section 102 Reimbursement of costs of production A person who has a duty to hand over fruits may claim reimbursement of the costs of producing the fruits to the extent that they reflect proper business practices and do not exceed the value of the fruits. Warning notice, setting of a period of time a provision by which the user is exempted from the statutory requirement of giving the other party to the contract a warning notice or setting a period of time for the latter to perform or cure; 5. Section 41 Dissolution of the association An association may be dissolved by resolution of the general meeting. The instruction is not required insofar as these legal consequences cannot in fact take place. The revocation does not have to contain any grounds and must be declared to the entrepreneur within the revocation period in text form or by return of the thing; to comply with the time limit, dispatch in good time is sufficient. Section 106 Limited capacity for minors to contract A minor who has reached the age of seven has limited capacity to contract under sections 107 to 113.

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Peter Huber

437 bgb

Section 170 Period of effectiveness of the authority If authority is granted by declaration to a third party, it remains in force in relation to this third party until he is notified by the principal of the expiry thereof. Any remaining enrichment must be returned. Section 301 Cessation of interest During the period of default by the obligee, the obligor need not pay interest on an interest-bearing money debt. Section 138 Legal transaction contrary to public policy; usury 1 A legal transaction which is contrary to public policy is void. Section 352 Set-off after nonperformance Revocation for failure to perform an obligation is ineffective if the obligor was able to release himself from the obligation by means of set-off and he declares set-off without undue delay after the revocation.

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Schuldrecht 10 a: Rechtsfolgen im Kaufgewährleistungsrecht, § 437 BGB etc.

437 bgb

If the obligor has performed only in part, the obligee may demand damages in lieu of complete performance only if he has no interest in the part performance. Translation regularly updated by Neil Mussett and most recently by Samson Übersetzungen GmbH, Dr. Section 124 Period for avoidance 1 The avoidance of a declaration of intent voidable under section 123 may be effected only within one year. The right to refuse performance is not applicable if consideration is rendered or security is given for it. Where expenses have been incurred on an object that must be returned to the person liable in damages, interest need not be paid for the period of time for which the person entitled to damages is unremunerated for the emoluments or fruits of the object. Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis unter.

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