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Thomas Lobinger
Rechtsgeschäftliche Verpflichtung und autonome Bindung
Zu den Entstehungsgründen vermögensaufstockender Leistungspflichten im Bürgerlichen Recht
[Contractual Obligation and Quasi-Contractual Relationship. The Emergence of 'Value-Adding Performance Obligations' in Civil Law. By Thomas Lobinger.]
1999. XVI, 373 pages. Published in German.
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Summary
Does German civil law recognize involuntary assignment of liabilities to enrich someone besides voluntary contractual obligations? Thomas Lobinger examines this problem and provides suggestions for its solution.
Contractual obligation of 'value-adding performance' requires volition on the part of the obligator according to the traditional doctrine. Judicial decisions and scientific research today recognize such obligations also in the absence of volition. The author examines the scope of the modern concepts on the emergence of 'value-adding performance obligation' in civil law based on the principle of volition. He gives a special treatment of insignificant mental reservations and legal implications in transactions involving mistake. He also examines the problem of the lack of conscious declaration and gives a new interpretation of §§ 170 ff. BGB dealing with agents' liability and representation by estoppel.
Contractual obligation of 'value-adding performance' requires volition on the part of the obligator according to the traditional doctrine. Judicial decisions and scientific research today recognize such obligations also in the absence of volition. The author examines the scope of the modern concepts on the emergence of 'value-adding performance obligation' in civil law based on the principle of volition. He gives a special treatment of insignificant mental reservations and legal implications in transactions involving mistake. He also examines the problem of the lack of conscious declaration and gives a new interpretation of §§ 170 ff. BGB dealing with agents' liability and representation by estoppel.