Das auch fremde Geschäft in der Rechtsprechung

Benevolent Intervention in Another’s Affairs is one of the most interesting institutes of German’s law of obligations and keeps literature and jurisdiction busy for decades. The thesis reviews high court decisions on the so-called “auch fremden Geschäfts” from 1951 to 2012. The analysis of court decisions follows after an examination of the dogmatic foundations of the “Benevolent Intervention in Another’s Affairs”. The principal part of this thesis takes care of the “auch fremden Geschäfts” in jurisdiction. After a critical examination of existing academic attempts to explain the “auch fremde Geschäft” the author develops her own model of regulation. Testing this model on the basis of high court decisions leads to a substantial restriction of the scope of application of Benevolent Interventions in Another’s Affairs.
This thesis addresses jurisprudence, but practitioners can benefit as well from the findings.