Talk:Bürgerliches Gesetzbuch: Difference between revisions
How the contracts are drawn |
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That's not true, there are other jurisdictions among roman-german group of law systems, where contracts are drawn in the same manner. For example, in Latvia. I guess such a way to transfer ownership is called "traditionary" (''traditio'') and derived from roman law. |
That's not true, there are other jurisdictions among roman-german group of law systems, where contracts are drawn in the same manner. For example, in Latvia. I guess such a way to transfer ownership is called "traditionary" (''traditio'') and derived from roman law. |
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Don't mix up the German principle of abstarction with the classic Roman way of transferring property (which was different from the principle of abstraction). In Austria, for example, transfer of ownership on the grounds of a contract of sale, requires two things: A legal cause for the transfer of ownership (which is the contract of sale), and tradition, i.e. the transfer of possession. This is similar, but not identical, to the German concept, which require two contracts (plus tradition, at least normally), both of which are contracts in every sense of the word as understood by Roman law jurisdictions. |
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I'm not aware of the situation in Latvia, but I suppose it's similar to the one in Austria. It might differ from the one in, e.g., France, where the contract of sale alone suffices to transfer ownership. |
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Л. Жюллио де ла Морандьер. Гражданское право Франции, М., 1960. |
Л. Жюллио де ла Морандьер. Гражданское право Франции, М., 1960. |
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Revision as of 19:57, 6 September 2006
The redirect of bgb should be a disambiguation and should link to BGB (emulator)
How the contracts are drawn
Although the principle of abstraction is not to be found in jurisdictions outside the German one and contradicts the usual common sense interpretation of commercial transactions, it is undisputed among the German legal community.
That's not true, there are other jurisdictions among roman-german group of law systems, where contracts are drawn in the same manner. For example, in Latvia. I guess such a way to transfer ownership is called "traditionary" (traditio) and derived from roman law.
Don't mix up the German principle of abstarction with the classic Roman way of transferring property (which was different from the principle of abstraction). In Austria, for example, transfer of ownership on the grounds of a contract of sale, requires two things: A legal cause for the transfer of ownership (which is the contract of sale), and tradition, i.e. the transfer of possession. This is similar, but not identical, to the German concept, which require two contracts (plus tradition, at least normally), both of which are contracts in every sense of the word as understood by Roman law jurisdictions. I'm not aware of the situation in Latvia, but I suppose it's similar to the one in Austria. It might differ from the one in, e.g., France, where the contract of sale alone suffices to transfer ownership.
Л. Жюллио де ла Морандьер. Гражданское право Франции, М., 1960. --AraX 19:11, 14 July 2006 (UTC)