- Tytuł:
-
Impossibilium nulla obligatio est celsusa (d. 50,17,185) a początkowa . niemożliwość świadczenia prawie niemieckim
“Impossibilium nulla obligatio est of Celsus” (d. 50,17,185) and initial impossibility of performance in German law - Autorzy:
- Skrzywanek-Jaworska, Dagmara
- Powiązania:
- https://bibliotekanauki.pl/articles/595799.pdf
- Data publikacji:
- 2010
- Wydawca:
- Łódzkie Towarzystwo Naukowe
- Tematy:
-
Impossibilium nulla obligatio est, Początkowa niemożliwość świadczenia, Prawo niemieckie
Impossibilium nulla obligatio est, Initial impossibility of performance, German Law - Opis:
- On 1 January 2002 the Act on the Modernisation of the Law of Obligations (Gesetz zur Modernisierung des Schuldrechts vom 26 November 2001, BGBl I, 3138 ff.) entered into force, which fundamentally changed large parts of the German law of obligations. The aim of the reform was not only a need of cover gaps in the over hundred years old German Civil Code (BGB) regulations concerning the national obligation law. Beyond that was the reform aimed at bringing some of the most outdated parts of the German Civil Code into line with modern international developments. According to this, during the preparation of the reform the stipulations of Community law (expecially the need of implementation by 1 January 2002 the Directive 1999/44/EC of the European Parliament and Council on certain aspects of the sale of consumer goods and associated guarantees) and the UN Convention on the International Sale of Goods (CISG) as well as the Principles of European Contract Law (PECL) were taken into consideration. In the end, a number of specific statutes aiming at the consumer protection have been integrated into the BGB as well as many areas of the law of obligations (for instance sales contracts, credit transactions, etc.) have been affected. However, the largest changes concerned the breach of contract, which one of the part is the regulation of initial impossibility of performance. According to the old § 306 BGB, a contract, the performance of which was impossible, was void. § 307 BGB (old version) allowed the purchaser to recover his negative interest if the vendor knew or should have known about the impossibility. It was incorrectly said that the rule from the old § 306 BGB has its origin in Roman law, more precisely in the Celsus phrase impossibilium nulla obligatio est (D.50.17.185). According to the new § 311 a BGB a contract is not invalid merely because at the time it was concluded performance of the obligation assumed was impossible. The new regulation stays in line with Art. 4:102 PECL and Art. 3.3 Principles of International Commercial Contracts (The Unidroit-Principles).
- Źródło:
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Studia Prawno-Ekonomiczne; 2010, LXXXI (81); 131-155
0081-6841 - Pojawia się w:
- Studia Prawno-Ekonomiczne
- Dostawca treści:
- Biblioteka Nauki
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