Civil law

Types of authority

Law of normative science

Law of obligations (schuldrecht)

Contract law

Law of things

Tort law

Rechtsfähigkeit

Handlungsfähigkeit

Handlungsfähigkeit divided into

Handlungsfähigkeit varies by

Difference capacity for entities and persons

Legal transactions
Das Rechtsgeschäft

What does a legal transaction need to be valid?

Calculation for declaration of will

Limitations on legal transactions

Void (nichtig)

Voidable (anfechtbar)

Agency (Stellvertretung)

Why would you need an agent?

Types of agency

Legal consequences of authority for agent

Contracts definition

Freedom of contract in general

Types of freedom of contract
Abschlussfreiheit

Types of freedom of contract
Inhaltsfreiheit

Offer (angebot)

Offer must follow these aspects

What phrases make an offer avoiding to be bound?

Timing of an offer

When does the validity of an offer ends?

Acceptance (annahme)

Lack of agreement (dissens)1
Open lack of agreement

Lack of agreement (dissens)2
Hidden alck of agreement

Standard Form contracts

Void- breach of formal requirements

Void- Breach of law

Void- breach of good morals

Defection of declaration of will

Mental reservation

Defection of declaration of will

Sham transaction

Void - Joke declaration

Void -
Defects of the declarations of will

Content mistakes

Defects of declaration of will

Void - characteristic mistakes

Defects of the declaration of will

Void - declaration mistakes

Defects of the declaration of will

Void - deceit

Defects of the declaration of will

Void - duress

Creditor

Obligor

Primary duty

Secondary duty

Types of performance obligations

Individual obligation

Types of performance obligations

Generic obligation

Types of performance obligations

Quasi generic obligation

Obligations as to place of agreement

Holschuld

Obligations as to place of agreement

Bringschuld

Obligations as to place of agreement

Schickschuld

Obligations as to place of agreement

General rule

Ending an obligation to perform

Partially fullfilling the obligation to perform

Basic provisions of liability

Justify of non performance

Impossibility of performance

Impossibility basic concepts

Initial impossibility

Objective impossibility

Subjective impossibility

Subsequent objectivity

Unreasonableness impossibility

Permanent impossibility

Temporary impossibility

Factual impossibility

Collapse of foundation of contract

Remedies for collapse of contract

Other aspects of liability

Creditor delay

Obligor delay

Pre contractual duties

Damage

Damages causation

Compensation for damages

Different concepts of damage
Direct vs indirect

Different concepts of damage
Material vs non material

concepts of damage
Goals for compensation

Breach of performance damages

Impossibility damages

Impossibility with fault damages

Mistake of fact damages

Delay in performance damages

Handling damages

Penalty clauses for damages

Non performance damages

Limitation of indirect damages

Contributory negligence

Mitigating damages

The duty to act reasonably

Unjustified enrichment
Basic principle

Unjustified enrichment
Condiction

Leistungskondiktion

Kondiktion in sonstiger weise

Leistungskondiktion
Requirement

Exception for Leistungskondiktion

Leistungskondiktion
Performance of obligation in exchange for an object that isn't achieved .

Hypo – Bill has an insurance contract with AIG, whereby they provide cover for his personal property (in exchange for money). Bill’s bike is stolen. He files a claim with AIG and they give him €200 for the bike. A month later, the police find Bill’s bike and return it to him. Solution?

hypo – Benny agrees to lease Sylvia a house at an oppressive rate. Sylvia pays the initial amount and Benny lets her use the house. After a few weeks, Sylvia refuses to pay any more money, claiming the lease agreement is void due to “gute Sitten”. Can she get her money back?

Kondiktion in sonstiger weise
Interference condition

Kondiktion in sonstiger weise
Recourse condiction

Kondiktion in sonstiger weise
Bona fide condiction + exceptions

Leistungskondiktion in sonstiger weise
Wrong receiver

The nature of unjustified enrichment

Contract of sale
Revisiting the freedom of contract: basic concept

Contracts of sale
Two forms of special rules (only apply for certain types of contracts)

Consumer contract

Why is there a special set of rules for such relationship?

Contracts of sale
Definition

Three types of contracts of sale

Differences in the default&mandatory rules for each type of contract

Requirements of performance for contracts of sale

Consumer rights with respect to defects; in case of defect

Contracts of sale: the right to withdraw

Contracts of donation

The righ to revoke a donation

Is a heir justified to reclaim a donation?

Contracts of loans, leases ...
Definition

Three types of contracts to loan

Miete/ contracts for property

Defect in rented flat, whats the consequence?

What happens if the owner of a flat needs the rented out flat?

Two types of contracts for services

Dienstvertrag

Can a new boss dismiss a employee in case of a dienstvertrag?

Are You allowed to work for a competitive enterprise at the same time as your having a dienstvertrag with another company?

Most useful everyday contractual relationships?

Who's mostly protected by the German law?

What's civil law decided into?

Characteristics of law

Law and morality

definition law

Deliktfähigkeit