Refresh

0 Hits

Bielefeld

Verfahrensfragen bei der Anpassung von Verträgen nach § 313 BGB

Nomos,  2021, 249 Pages

ISBN 978-3-8487-8177-5


Our continuation service: You will receive new series titles or new editions automatically and without obligation to purchase. If you wish to do so, you can mark it in the shopping cart.

The work is part of the series Schriften zum Prozess- und Verfahrensrecht (Volume 5)
66,00 € incl. VAT
Also available as eBook
66,00 € incl. VAT
Available
Add to shopping cart
Add to notepad
 Further options for registered users

englischWhen codifying the german equivalent to the frustration of purpose, it was a declared intent of the legislator to facilitate out-of-court negotiations between the parties. Instead of recognizing a substantive obligation to negotiate, the work makes use of various instruments of procedural law to promote this goal.

Section 313 of the German Civil Code also poses problems with regard to substantive res judicata: Since the goal of the adjustment is not predetermined and several adjustment variants are usually possible, the question arises to what extent a final judgment that decides on one of these variants stands in the way of later adjustment claims of a different content. This paper examines this question and presents a model solution.

Find reading samples of the current title in PDF format here:
Find the cover of the current title in PDF format here:
Find further material on the current title in PDF format here: