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Characteristics of Law
Definition of Law
What is Civil Law
(two basic categories)
Basic Structure of Civil Law
Rechtsfähigkeit
Handlungsfähigkeit
Deliktsfähigkeit
Geschäftsfähigkeit
Who else may have some form of legal capacity
Legal Transactions (Das Rechtsgeschäft)
Basic Parts of a Legal Transaction
Declaration of Will
Realakt
Legal Transactions =
Elements of a Declaration of Will
Objective
Subjective
Limitations of Legal Transactions
Void
Voidable
Agency
Compulsory vs Non-compulsory
Active vs. Passive
Direct vs. Indirect
Spezialvollmacht
Generalvollmacht
Untervollmacht
Duldungsvollmacht
Anscheinsvollmacht
Within Authority
Beyond Authority
Unclear Authority
contracts
Freedom to conclude a contract
Freedom to Decide Contract Contents
Offer
Details of an Offer
Timing of an Offer
Acceptance
Details of an Acceptance
Open Lack of Agreement
Hidden Lack of Agreement
Standard Form Contracts
General Forms of a Contract
Breaches of Requirements = Void
Defects of the Declaration of Will = Void
Defects of the Declaration of Will = Voidable
Creditor and Obligor
Primary Duties
Secondary Duties
Types of Performance Obligations
Obligations as the Place of Performance
Ending the Obligation to Perform
Partially Fulfulling the Obligation to Perform
Impossibility
Collapse of the Foundation of the Contract
Impossibility Basic Concepts
Objective Impossibility
Subjective Impossibility
Initial Impossibility
Subsequent Impossibility
Unreasonableness
Factual Impossibility
Temporary Impossibility
Permanent Impossibility
Delay
Positive Breach
Pre-Contractual Duties
Creditor Delay
Obligor Delay
Damages in Lieu of Performance
Damages caused by the delay
What elements are necesssary in order for a party to claim damages through a "positive breach" ?
Damage
Causation
Two Basic Types of Compensation
Direct Damage
Indirect Damage
Material Damage
Non - Material damage
Two Goals for Compensation
