Abandon

from Wikipedia, the free encyclopedia

With Abandon ( fr. ) Is called the waiver of a right to an associated duty to escape.

Examples are:

  • In abandonment law : the surrender of a GmbH share against the exemption from the obligation to make additional contributions
  • In insurance: The transfer of ownership of a wrecked or lost ship against payment of the full sum insured is also considered an abandonment
  • in transport insurance law: payment of the agreed sum insured by the transport insurer to the policyholder in the event of transport damage. This frees the insurer from all other possible liabilities from the insured event. However, this right expires if the insurer does not notify the policyholder of its intention to abandon it within 1 week of becoming aware of the insured event and its immediate consequences. However, all claims that have arisen up to the time this notification is received by the policyholder must also be borne by the insurer. [Section 141 of the German Insurance Contract Act -VVG- (in the version applicable since January 1, 2008)]. However, if the "DTV-Güterversicherungsbedingungen 2000 in the version 2008 (DTV-Güter 2000/2008)" of the General Association of the German Insurance Industry is agreed, the insurer does not acquire any rights to the insured goods according to section 19.4 thereof.

literature

  • Georg Hantke: The abandonment in the Gesellschaft mbH, the shipping company and the trade union with regard to the historical development , Breslau, Grass, Barth & Co, 1912.
  • Estelle Rothweiler: Art. Abandon . In: Concise dictionary on German legal history , 2nd, completely revised and expanded edition. Edited by Albrecht Cordes , Heiner Lück , Dieter Werkmüller and Ruth Schmidt-Wiegand as philological advisor, Volume I: Aachen-Geistliche Bank, Erich Schmidt Verlag , Berlin 2008, Sp. 6, ISBN 978-3-503-07912-4
  • Creifelds Creifelds , legal dictionary , 19th edition, Munich 2007 [Verlag CH Beck], ISBN 978-3-406-553929 ; Keyword: abandon [note: the 19th edition still takes into account the Insurance Contract Act in the version valid until December 31, 2007].
  • Hartenstein, Olaf / Reuschle, Fabian (eds.), Handbook of the specialist lawyer for transport and forwarding law , 2nd edition, Cologne 2012, Carl Heymanns publishing house, ISBN 978-3-452-27562-2 ; Part 3: Insurance law, Chapter 16: Insurance of goods, D: Legal basis of insurance of goods, margin no. 46 (to section 19 DTV goods)
  • Karl-Heinz Thume / Harald de la Motte / Henning C. Ehlers (eds.); Günter Bauer u. a. (Edit.): Transport insurance law. Commentary , 2nd edition. Verlag CH Beck, Munich 2010, ISBN 978-3-406-59721-3

See also

Web links

Wikisource Wikisource: Abandon  - Article of the 4th edition of Meyers Konversations-Lexikon
Wiktionary: Abandon  - explanations of meanings, word origins, synonyms, translations
Wiktionary: abandon  - explanations of meanings, word origins, synonyms, translations