Sven Gunkel: §§ 1149, 1229 BGB als Ausgangspunkt für ein allgemeines Rechtsprinzip des Verfallverbots, Kartoniert / Broschiert

Klappentext

»Sections 1149, 1229 of the German Civil Code as a Starting Point for a General Legal Principle of Prohibition of Forfeiture (Verfallverbot). A historical, dogmatic and economic analysis of the lex commissoria«

This thesis focuses on the prohibition of forfeiture (Verfallverbot) expressed in sec. 1149, 1229 German Civil Code (BGB). The historical, dogmatic and economic analysis of the norms clarifies their scope and limits. As a result, it is shown that the purpose of the prohibition is to protect the debtor from himself. It prevents him from promising the pledged object to the creditor at the beginning in the hope of paying the debt in time after all. Contrary to the case law of the German Federal Supreme Court (BGH), the purpose of the norm is to be extended to other collateral security by means of a general principle of law. The legal structure of the principle is derived from the previous results and is presented at the end.