Die Sittenwidrigkeit von Pflichtteilsverzichten

Even though waiving your legal rights according to sec. 2346 (2) BGB [German Civil Code] requires notarisation and thus advisory obligations, the corresponding contracts may occasionally be considered to act contra bonos mores according to sec. 138 BGB. The author analyses different situations regarding possible infractions against sec. 138 BGB.
First, the author provides a summary of the existing legal rights according to sec. 2303 ff. BGB, the waiving of legal rights pursuant to sec. 2346 (2) BGB as well as the duties under sec. 138 BGB. The following chapter deals with situations in which the waiving of legal rights violates bonos mores. The author classifies case law and academic literature with respect to certain categories. He then presents and examines the principal arguments for each category.
This book provides the reader with a detailed overview of case law and academic literature whilst also providing solutions to confirm that the waiving of legal rights does not act contra bonos mores pursuant to sec. 138 BGB.