Die Vertragsübernahme

Contract assumptions, i.e. the substitution of one contracting party in a legal transaction, are often practiced for example in landlord and tenant law and loan contracts. Dominik Klimke analyzes and systematizes the complex legal relationship among those concerned. Which method of concluding the contract is available to the contracting parties - a trilateral contract or a bilateral assumption agreement with the consent of the third party concerned? Which claims and rights or obligations are included in the contract? Is there an underlying transaction, and if so how can this be characterized? Do consumer protection standards which apply directly to the new contract also have to be applied to the assumption of the contract? What consequences do problems in the relationship between two contracting parties have for the third party? What is the procedural impact of the assumption? In answering these questions, the author provides contrasting and partially new solutions.