Der Optionsvertrag

Option agreements enable the taker of an option to bring about an agreement through a declaration made by one party and without any further participation by the other partner. Although this type of agreement, which is not regulated by law, is widespread, there is uncertainty regarding its legal classification. Matthias Casper begins by explaining the dogmatic foundations of option agreements. He focuses on the question of whether or not there is unity between the option agreement and the main agreement. He also studies the legal nature of the option agreement and the right to exercise an option and analyzes general legal issues in civil law, such as requirements for validity, content, interference with performance of an obligation and transferability of the right to exercise an option. The author's main objective is to forge links between the understanding of options in civil law and those option agreements which are entered on capital and forward markets.