Systematik des Rechts der (entgeltlichen) Geschäftsbesorgung
Jahrgang 76 (2012) / Heft 4, S. 836-863 (28)
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The Law of Management of Another's Affairs in Comparative Perspective The law of Geschäftsbesorgung on the continent, which can only roughly be translated by the English term »management of another's affairs«, is characterised by diverging systematic concepts and classifications among the national legal systems. This article compares the historical development and status quo of the German, Austrian and Swiss systems. While the three systems have continuously influenced each other, they today present three very different concepts and demonstrate the diversity among the European legal systems. Against this heterogeneous background, the approach of the Draft Common Frame of Reference to Geschäftsbesorgung is analysed and critically scrutinised, before concluding with some thoughts on the structural deficits of the status quo and possible ways forward.