Abstract business
In German law of obligations or property law , abstract transactions are legal transactions from which their legal basis does not arise. Rather, the legal ground is outside the business. The opposite is the so-called causal transaction .
School event is the transfer of ownership of a movable item according to § 929 BGB . The legal basis is not the exchange of goods per se, but an underlying, either contractual or legal obligation , for example purchase or donation . The transfer of ownership or fulfillment transaction, which serves the mere fulfillment of the basic transaction, is left out (so-called abstraction principle in German civil law).
To the extent that abstract transactions are thus detached from the legal basis for the grant, they occur both as a disposition as well as an obligation transaction: Disposal transactions are abstract because they do not create a legal basis. They also do not establish a claim . Defects in the basic transaction do not generally lead to the ineffectiveness of the transaction. The legal reason for the retention is irrelevant for the disposal transaction, only a claim for enrichment is justified . In addition to the transfer of ownership under property law, assignment and offsetting are possible in the law of obligations .
The law has designed individual obligatory transactions as abstract obligatory transactions. These are contracts of obligation or agreements on purpose, which in turn still require a legal basis. This includes the promise of debt according to § 780 BGB and the acknowledgment of debt according to § 781 BGB, the bond to the holder according to § 793 BGB and obligations from a bill of exchange or check (according to the bill of exchange and check law ). In contrast to the other obligation transactions, in these cases a further liability is established in accordance with Section 364 (2) BGB ; this regardless of whether the debtor was obliged to enter into the liability. In this respect, one can speak of abstract obligations.
An abstract business, the causa ultimately lacks can to unjust enrichment principles reversed , as no obligation fulfilled forms the legal basis for keeping Can the purchaser or purchasers of the purchaser.
