Carsten Meinert
Die »gemischte Schenkung«
Eine Studie zum Schenkungsbegriff und zur Teilentgeltlichkeit im System des BGB
[Mixed Gifts. A Study of the Concept of a Gift and of Partial Payment in the System of the German Civil Code.]
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Summary
The mixed gift is one of the »classics« among problems of civil law. The Federal Court of Justice once called it the »actual impossibility of a settlement which is satisfactory in every respect from a legal perspective.« Carsten Meinert attempts to prove the opposite. He deconstructs a centuries-old discussion, examines the individual elements in relation to their persuasiveness and develops a concept of legal reasoning which brings the interests of the persons affected by the mixed gift into balance.