Die Schenkung und die unentgeltliche Verfügung im Erbrecht

By examining donations and free disposition in the context of inheritance law, this work is dedicated to a central theme of inheritance law, which is of particular importance in judicial, notarial and legal practice. Using an interpretation of the terms in the law of obligations, it discusses the understanding of donations and free disposition in the standards of inheritance law (§§ 2287 et seq., 2325 et seq. of the German Civil Code and §§ 2113 paragraph 2, 2205 sentence 3 of the German Civil Code) in detail. By looking at selected constellations, it identifies the similarities and differences between the terms in the context of the respective inheritance law standards. Finally, and for the first time in such clarity, the work investigates the reasons for the differences between §§ 2287 et seq., 2325 et seq. of the German Civil Code on the one hand and §§ 2113 paragraph 2, 2205 sentence 3 of the German Civil Code on the other. Furthermore, it reveals the trends in jurisprudence and presents legal policy proposals.