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Täuschungsbedingter Betrugsschaden

- bei Abschluss eines in Manipulations- oder Täuschungsabsicht geschlossenen Vertrags mit bedingtem Leistungsanspruch
Nomos,  2018, 553 Pages, E-Book

ISBN 978-3-8452-8948-9

142,00 € incl. VAT
142,00 € incl. VAT
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englischOn the basis of the legal duty of numbering the losses based only on a threat to property and assets, as ruled by the German Constitutional Court, the thesis discusses the question whether deception about one's intention to influence the contractual subject improperly at the time of concluding a contract alone can lead to financial loss (as ruled by the German Federal Supreme Court in several cases). This quantification seems especially difficult when it comes to high-risk contracts, where the consideration is dependent on a future event and one party intends to influence that event improperly.

The dissertation investigates different cases, distinguished by their distribution of risks. It discusses several possibilities to quantify the economic asset, especially by using methods following economic and accounting evaluation principles. To begin with, the author discusses, whether and to what extent a deception about the intention of a later influential behaviour or its effects on the outcome is possible at all.