Systembildung interfamiliärer Verträge am Beispiel des Pflichtteilsverzichts durch Abkömmlinge

Inheriting a family business raises difficult legal and interpersonal issues. While differentiations have emerged as a result of the discourse of contract law, which focus on the persons involved in the contract, the interfamilial contract remains unaffected. The BGB asks about the consumer and the entrepreneur, about tenant and landlord, about employee and employer. However, the BGB does not ask about a relationship of closeness when it comes to the conclusion of a contract. Gradually, however, a more modern discussion is stirring about testamentary freedom and the right to a compulsory portion. The question is to what extent power structures are to be taken into account in the inheritance process.