Schuldübernahme

The assumption of obligations is one of the most difficult topics in the general part of the law of obligations. This is due in particular to the fact that there are three parties involved in the assumption of an obligation. In this context there are two particular questions: Can the obligation be assumed and at the same time preserve its identity in accordance with the German law of succession, or does the obligation have to be created anew? What is the role of each of the three parties involved in the transaction? This practical aspect of the assumption has to be coordinated with the various assessments, the most important being the assessment of the objections to be enforced by the person assuming the obligation as well as the fate of the securities. Tobias Maurer examines the problem from an historical and comparative perspective against the background of a forthcoming unification of European private law.