German Civil Code (BGB) German law Title 4 Earnest, contractual penalty Section 336 Interpretation of earnest (1) Where something is given as an earnest when a contract is entered into, this is deemed to be a sign that the contract…
Title 3. Promise of performance to a third party (Section 328 – 335)
German Civil Code (BGB) German law Title 3 Promise of performance to a third party Section 328 Contract for the benefit of third parties (1) Performance to a third party may be agreed by contract with the effect that the…
Chapter 4. Deviating agreements and burden of proof (Section 312k – 327)
German Civil Code (BGB) German law Chapter 4 Deviating agreements and burden of proof Section 312k Deviating agreements and burden of proof (1) No agreements deviating from the provisions of this subtitle may be made, unless otherwise provided, that are…
Division 3. Contractual obligations
German Civil Code (BGB) German law Division 3 Contractual obligations Title 1 Creation, subject matter and termination Subtitle 1 Creation Section 311 Obligations created by legal transaction and obligations similar to legal transactions (1) In order to create an obligation…
Title 2. Default by the obligee
German Civil Code (BGB) German law Title 2 Default by the obligee Section 293 Default in acceptance The obligee is in default if he does not accept the performance offered to him. Section 294 Actual offer The obligee must actually…
Title 1. Duty of performance. Division 1. Subject matter of obligations
German Civil Code (BGB) German law Book 2 Law of Obligations Division 1 Subject matter of obligations Title 1 Duty of performance Section 241 Duties arising from an obligation (1) By virtue of an obligation an obligee is entitled to…
Division 7. Provision of security
German Civil Code (BGB) German law Division 7 Provision of security Section 232 Types (1) A person who is required to provide security may do so: by the deposit of money or securities, by the pledge of claims that are…
Division 6. Exercise of rights, self-defence, self-help
German Civil Code (BGB) German law Division 6 Exercise of rights, self-defence, self-help Section 226 Prohibition of chicanery The exercise of a right is not permitted if its only possible purpose consists in causing damage to another. Section 227 Self-defence…
Division 5. Limitation. Title 1. Subject-matter and duration of limitation
German Civil Code (BGB) German law Division 5 Limitation Title 1 Subject-matter and duration of limitation Section 194 Subject-matter of limitation (1) The right to demand that another person does or refrains from an act (claim) is subject to limitation.…
Division 4. Periods of time and fixed dates
German Civil Code (BGB) German law Division 4 Periods of time and fixed dates Section 186 Scope of applicability The interpretation provisions of sections 187 to 193 apply to the fixing of periods of time and dates contained in statutes,…