Transmission error
A transmission error is present in private law if someone uses a third party to transmit his declaration of intent and an error arises in the transmission process outside the sphere of the declaring party .
General
The transmission error presupposes that the declaring party as the sender and the recipient do not communicate directly with each other at the same place, but rather have to use a third party due to the spatial and / or temporal distance. Then they need a means of communication for their telecommunications in order to communicate . When transmitted Direction of third parties, for example, come Declaration messengers , interpreters or messaging (for example, the post ) in question. If, for example, the messenger has only received a verbal message from the sender , there is a risk of unwanted falsification by the messenger through silent mail , so that the message no longer arrives at the recipient with the content provided by the sender. The falsification of the message lies outside the sphere of the declarer, so that he can no longer influence its content .
Legal issues
The transmission error is a special case of error of explanation . A transmission error occurs when a declaration of intent that needs to be received is unintentionally incorrectly transmitted or incorrectly passed on by a third party acting as a transmitter. Let the declarant has the content binding on which the receiver approaching , he bears the risk of faulty data transfer. The declaring party is bound by the incorrectly transmitted content, but can remove the declaration by challenging it in accordance with Section 120 of the German Civil Code ( BGB) against compensation for the loss of trust ( Section 122 of the BGB). When contesting, only false transmissions by the messenger that are unconsciously transmitted incorrectly are to be taken into account. However, there is no transmission error if deputies or receptionists are used as third parties . If the third party deliberately submits the declaration incorrectly, he will be treated legally as if he had made his own declaration. He is thus considered a representative without power of representation, with the result that the client can approve ( Section 177 (1) BGB) or reject it ( Section 179 BGB).
Individual evidence
- ↑ BGH NJW 2005, 976, 977
- ↑ Otto Palandt / Jürgen Ellenberger, BGB Commentary , 73rd edition, 2014, § 120 Rn. 1
- ^ Walter Erman / Heinz Palm, Bürgerliches Gesetzbuch: Handkommentar , 11th edition, 2001, § 120 Rn. 3.
- ↑ Otto Palandt / Jürgen Ellenberger, BGB Commentary , 73rd edition, 2014, § 120 Rn. 2
